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House votes to expand national DNA arrest database

By: cnet.comPosted On: 05/20/2010 10:59 A

Millions of Americans arrested for but not convicted of crimes will likely have their DNA forcibly extracted and added to a national database, according to a bill approved by the U.S. House of Representatives on Tuesday.

By a 357 to 32 vote, the House approved legislation that will pay state governments to require DNA samples, which could mean drawing blood with a needle, from adults "arrested for" certain serious crimes. Not one Democrat voted against the database measure, which would hand out about $75 million to states that agree to make such testing mandatory.

"We should allow law enforcement to use all the technology available to them...to reduce expensive and unjust false convictions, bring closure to victims by solving cold cases, better identify criminals, and keep those who commit violent crime from walking the streets," said Rep. Harry Teague, the New Mexico Democrat who sponsored the bill.

But civil libertarians say DNA samples should be required only from people who have been convicted of crimes, and argue that if there is probable cause to believe that someone is involved in a crime, a judge can sign a warrant allowing a blood sample or cheek swab to be forcibly extracted.

"It's wrong to treat someone as guilty before they're convicted," says Jim Harper, director of information policy studies at the Cato Institute. "It inverts the concept of innocent until proven guilty."

House Speaker Nancy Pelosi and the Democratic leadership scheduled Tuesday's debate on the bill--called the Katie Sepich Enhanced DNA Collection Act of 2010--using a procedure known as the "suspension calendar" intended to be reserved for non-controversial legislation.

"Suspension of the rules is supposed to be for praising the winner of the NCAA championship or renaming Post Offices," Harper says. "Things like collecting Americans' DNA are supposed to be fully debated in Congress."

In a surprise move, as the U.S. Congress was expanding the FBI's DNA database, the U.K.'s new coalition government was pledging sharp curbs on its own databases.

Created in the mid-1990s, the UK National DNA Database originally was supposed to store data on convicted criminals, but grew to include records on more than 5 million Britons, including many who were only arrested on suspicion of a crime.

U.K. Deputy Prime Minister Nick Clegg promised once-in-a-century privacy reforms in a speech on Wednesday: "We won't hold your Internet and e-mail records when there is just no reason to do so. CCTV will be properly regulated, as will the DNA database, with restrictions on the storage of innocent people's DNA. Britain must not be a country where our children grow up so used to their liberty being infringed that they accept it without question."

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