DNA for felony arrestees

The House Judiciary Committee heard SB 322, sponsored by Rep. Steuerwald and Rep. Bauer, on DNA for felony arrestees. This bill requires every person arrested for a felony after December 31, 2017, to submit a DNA sample, and specifies that the sample may be obtained only by buccal swab. However, the DNA sample may not be shipped for DNA identification unless the arrestee was arrested pursuant to a felony arrest warrant or a court has found probable cause for the felony arrest. The bill also provides for removal of a DNA sample from the data base if the person is acquitted of all felony charges or the charges are converted to misdemeanors, all felony charges against the person are dismissed, or no felony charges are filed against the person within 365 days. It requires the officer who obtains a DNA sample to inform the person of the right to DNA removal and to provide the person with instructions and a form that may be used for DNA removal. Additionally, a person who knowingly or intentionally disseminates, receives, or otherwise uses information in the DNA data base for a purpose other than authorized by law commits a Level 6 felony. The bill increases the DNA sample processing fee from $2 to $3, and  specifies that the discovery of DNA evidence tending to show previously unknown crimes committed by a person on bail may lead to revocation of bail or an increase in the amount of bail.

The Hendricks County Sheriff, Johnson County Sheriff, and Indiana Prosecuting Attorneys Counsel testified in favor of the bill. The bill passed 10-1.

Read the bill at: https://iga.in.gov/legislative/2017/bills/senate/322