DNA for felony arrestees

The House Ways and Means 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. Under the bill, 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. It also provides for removal of a DNA sample from the data base if: (1) the person is acquitted of all felony charges or the charges are converted to misdemeanors; (2) all felony charges against the person are dismissed; or (3) no felony charges are filed against the person within 365 days. The bill requires the officer who obtains a DNA sample from a person 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. The bill also provides that 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. Additionally, it increases the DNA sample processing fee from $2 to $3, amends distribution percentages to hold harmless all funds and to provide an additional amount to the DNA processing fund, 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.

Rep. Peggie Mayfield introduced an amendment, adopted by consent, increasing the service of process fee from $25 to $38, increasing the service of process out of state fee from $60 to $73, and repealing the $13 distribution to the sheriff pension for each verified claim of service by a sheriff.  The amended bill passed 17-3.

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