DNA could be taken for petty crime

AUSTIN (KXAN) - Texans arrested for minor crimes could be forced to give DNA samples under a change in state law being floated in the Texas Legislature.

 The change is supported by Austin Police Chief Art Acevedo and five other Texas police chiefs. The DNA draws would be taken through a mouth swab by a lab technician, Acevedo said.

At least one Austin City Council member is opposed to the idea. Mike Martinez said the proposal "raises multiple questions," and added the chief should not have taken a public stand in support of a proposal that may not be supported by the council.

Particularly in light of recent controversies over forced blood draws during the holiday season.

"Democracy still reigns is Austin, Texas, and we are the policy makers on the council,” said Council Member Mike Martinez. "I was unaware of any process that led to someone wearing the badge of city of Austin and standing in support of legislation that raises multiple questions."

Under the proposed bill, DNA could be taken from anyone arrested for a Class B misdemeanor or higher. Some examples of Class B Misdemeanors are driving with a suspended license, a first DWI offense, and thefts over $50 up to $500.

Currently, DNA samples can be taken from someone convicted of a felony or certain violent crimes. But the current law only applies to people after they've been convicted: The proposal would happen before the arrested person is even charged.

Opponents like Debbie Russell with Central Texas' ACLU said collecting samples of people who may never be charged with a crime could lead to many other problems.

“To me it opens the door to arresting anyone on anything,” said Russell. "It would provide more incentive for police to make arrests to collect DNA evidence or building their data base," said Russell.

The proposal is estimated to cost about $32 million to initially implement in the state of Texas, but Acevedo says that would be all state funding. And since there is a high rate of criminal recidivism, he said, it could wind up costing less.

But due to the current state of the state economy, some say it is doubtful the bill would pass.

"This is not about just catching bad guys it is about using science available to us to eliminate people early on,” said Acevedo.

DNA evidence has cleared 36 wrongfully convicted Texans and building up the DNA state database could speed up the lengthy exoneration process.

“We already know was DNA has done,” said Acevedo.

Martinez said the community is still debating whether police should have implemented forced blood draws on every DWI stop last month.

“For one it’s not something council has ever considered in our legislative package. It’s not something I’ve heard from staff that they have considered to put into our program,” said Martinez. “We still haven’t completed a community discussion about blood draws and the controversy surrounding forced blood draws. So now, moving toward DNA sampling and collecting and storing it just raises so many questions.”

Meanwhile, the chief argues if you don't do anything wrong you have nothing to worry about.

"On the blood draw issue, I am getting very positive feedback from the community," said Acevedo.

 

 

 

 

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