Hand Over Your Blood – DNA on Arrest
In the United States we are unique because we are supposed to be innocent until proven guilty.
You have a right to a trial before you should be treated like a criminal.
Unfortunately, it seems that some big government types want you and me to be guilty until proven innocent.
I am talking about Governor Walker’s sticking “DNA on arrest” in the current budget.
This will mandate that your DNA be put forever on record if you are charged with a felony, not proven guilty, only charged.
He says that if you are proven innocent, you can ask to have your DNA removed from the file, but with government involved, I am sure you can figure out how well that will work.
A bill requiring DNA collection failed to pass in this last session. But now we need to deal with Governor Walker stuffing it in the budget bill.
Why is the governor doing this? Is he being ill-advised? Is he not thinking this through? Or does he believe Americans are guilty until proven innocent?
At this point I am unsure of the answer, but we MUST take action now.
I need you to call and email your state legislators. Click here to get their contact information, and tell them you will not stand for being considered guilty until proven innocent. Tell them to remove support for “DNA on Arrest” from the budget bill.
Governor Walker talks a lot about us standing with him, but will he stand with you? Or will he continue to push for guilty until proven innocent?
You and I must hammer hard on this — if it is not removed from the budget now then it will soon become law.
Please, will you call and email your legislators? Click here to get their contact information, and tell them you will not stand for being considered guilty until proven innocent. Tell them to remove support for “DNA on Arrest” from the budget bill.
I am making my call and sending my email right now — I hope you will do the same.
Below is the actual text in the budget bill:
Under current law, certain individuals are required to submit biological specimens to the crime laboratories in DOJ for deoxyribonucleic acid (DNA) analysis, including a juvenile who has been adjudicated delinquent for certain offenses; an individual who is or was in prison for a felony or found guilty of a felony; an individual who was found guilty of fourth-degree sexual assault, lewd and lascivious behavior, or exposing genitals to a child for sexual gratification; an individual who has been found not guilty by reason of mental disease or defect for certain sex offenses; a person who has been found to be a sexually violent person; and an individual who is required by a court to provide a biological specimen. Under this bill, the following individuals must submit biological specimens for DNA analysis: a juvenile who has been adjudicated delinquent, or taken into custody, for an offense that would be a felony if committed by an adult, fourth-degree sexual assault, endangering safety by the use of a dangerous weapon, lewd and lascivious behavior, prostitution, patronizing prostitutes, pandering, failure to submit a biological specimen, or exposing genitals to a child for sexual gratification; an adult who is convicted of a misdemeanor; and an adult who is arrested for a felony or for fourth-degree sexual assault, endangering safety by the use of a dangerous weapon, lewd and lascivious behavior, prostitution, patronizing prostitutes, pandering, failure to submit a biological specimen, or exposing genitals to a child for sexual gratification. If, at the time the individual is charged with one of these offenses, the court determines that a biological specimen was not obtained when he or she was arrested or taken into custody, the court must order a law enforcement agency to obtain the specimen.
Under current law, specimens obtained must be submitted to the crime laboratories in DOJ for DNA analysis and inclusion of the DNA profile in the data bank. An individual whose DNA data are in the data bank due to a conviction or adjudication may request in writing that the data be removed on the grounds that the conviction or adjudication has been reversed, set aside, or vacated. If the crime laboratories receive a certified copy of the court order reversing, setting aside, or vacating the conviction or adjudication, the laboratories must purge all records and identifiable information in the data bank pertaining to the individual and destroy all samples from the individual. Under this bill, if an individual submitted a specimen at arrest, when taken into custody, or by court order, DOJ must similarly
purge all records and information upon a written request if all charges requiring
submission have been dismissed; if the trial court reached a final disposition and the
individual was not found guilty of any charges requiring submission; if at least one
year has passed since the arrest and the individual has not been charged; or if the
individual was found guilty of a crime requiring submission but all such convictions
have since been reversed, set aside, or vacated.
Under current law, if a court imposes a sentence or places an individual on probation for a sex offense, the court must impose a DNA analysis surcharge of $250 and if a court imposes a sentence or places an individual on probation for a felony conviction that is not a sex offense, the court may impose a DNA analysis surcharge of $250. Under this bill, if a court imposes a sentence or places an individual on probation, the court must impose a $250 DNA surcharge for any felony conviction and a $200 DNA surcharge for any misdemeanor conviction.