HB 19: Processing DNA Before Charges Are Filed

This bill passed the House 73-1 and passed the Senate 25-0.

The Fourth Amendment protects individuals against unreasonable searches and seizures. Another hallmark of America’s criminal justice system is the presumption of innocence. House Bill 19 sponsored by Representative Steve Eliason seeks to negate these protections by seizing and testing the DNA of those involved in a felony arrest — even if charges are never pursued.

The collection of an individual’s DNA is not a trivial matter. DNA is a powerful investigative tool. Given the rapid advancement of technology in this sphere, DNA’s power will only grow. For example, the ability to “reverse engineer” DNA to accurately predict an individual’s physical appearance — including skin, eye, and hair color — is no longer science fiction but science reality. 

Current law allows sheriffs to “obtain a DNA specimen from the person upon booking of the person at the county jail.” But now, HB 19 adds an additional provision to take that DNA, process and enter it into a database rather than just holding onto it until a preliminary hearing. This means an individual’s DNA is collected and processed into a database before the prosecuting attorney has reviewed the evidence and determined whether to even make criminal charges. 

HB 19 allows individuals to request the removal of their DNA from the state database, allowing individuals to request DNA removal for several reasons, including in the event charges are never filed. However, this places the burden on individuals — innocent and guilty alike — to expend time and resources to prevent the ongoing violation of their constitutionally protected rights. 

Some may argue that HB 19 only applies to arrests in relation to a felony investigation. However, if the state’s only goal was to obtain DNA samples related to violent criminals, it makes no sense to force law enforcement to test and store individual DNA samples before charging decisions are even made. Those who are presumed to be innocent until proven guilty should not be treated as criminals before a DA even reviews the circumstances leading to their arrest.

Simply put, individuals should not be required to go through a burdensome administrative process to ensure their biological identity is not weaponized against them by government officials. Furthermore, Fourth Amendment protections should not be infringed, even if done under the guise of protecting the public against violence.