Oklahoma Action Alert! SB618 DNA Collection Before Conviction

dna prison

Kaye Beach

March 6, 2012

SB618 by Sen. Clark Jolley and Rep. Leslie Osborn will be heard as early as today tomorrow in the OK Senate.

SB618 would require mandatory collection of your DNA following arrest for felony and even some misdemeanor offenses. 

If there is a reasonable suspicion that the arrestee is connected to other crimes, law enforcement can get a warrant for the sample.  Collecting and databanking of DNA on arrestees as a matter of course and not upon any particular suspicion of a connection to a specific crime, negates the principle of innocent until proven guilty which is the cornerstone of our justice system.

The original mandate of DNA databases – to record genetic markers from convicted offenders, on the dual theories that convicts are;

1) likely to reoffend

And

2) their diminished expectation of privacy legitimizes the search.

The expansion of circumstances from which DNA can be collected, analyzed and indexed to people arrested but not convicted of a crime goes well beyond the purpose and intent of creating a criminal DNA database

Please Contact your Senator and ask them to please VOTE NO! on SB618.

e-mail block.  Use bcc and send out one e-mail;
aldridge@oksenate.gov, allen@oksenate.gov, anderson@oksenate.gov, ballenger@oksenate.gov, barrington@oksenate.gov, bass@oksenate.gov, bingman@oksenate.gov, boggs@oksenate.gov, branan@oksenate.gov, brecheen@oksenate.gov, brinkley@oksenate.gov, brooks@oksenate.gov, brownb@oksenate.gov, burrage@oksenate.gov, coates@oksenate.gov, crain@oksenate.gov, dahm@oksenate.gov, david@oksenate.gov, ellis@oksenate.gov, efields@oksenate.gov, fordj@oksenate.gov, garrisone@oksenate.gov, griffin@oksenate.gov, halligan@oksenate.gov, holt@oksenate.gov, ivester@oksenate.gov, johnsonc@oksenate.gov, johnsonr@oksenate.gov, jolley@oksenate.gov, justice@oksenate.gov, loveless@oksenate.gov, marlatt@oksenate.gov, mazzei@oksenate.gov, mcaffrey@oksenate.gov, newberry@oksenate.gov, paddack@oksenate.gov, schulz@oksenate.gov, sharp@oksenate.gov, shaw@oksenate.gov, shortey@oksenate.gov, shumate@oksenate.gov, simpson@oksenate.gov, sparks@oksenate.gov, standridge@oksenate.gov, stanislawski@oksenate.gov, lewis@oksenate.gov, treat@oksenate.gov, wyrick@oksenate.gov,

Senate Members http://www.oksenate.gov/Senators/Default.aspx?selectedtab=0

Here is the letter I wrote to the Senators;

Dear Senator,

Our DNA contains our most private information.

SB618 would require mandatory collection of your DNA following arrest for felony and even some misdemeanor offenses. Our Constitution guarantees your right to be presumed innocent until proven guilty.  Taking DNA prior to conviction is a warrantless search.   If there is a reasonable suspicion that the arrestee is connected to other crimes, law enforcement can get a warrant for the sample.

One of those *misdemeanor offenses that SB618 would require a DNA sample for is for urinating in public (outraging public decency) It ought to be a banner opportunity for bolstering the *CODIS system with DNA samples from harmless Oklahoma college kids.  And that is exactly the purpose of SB618-to populate the CODIS database in the hopes of raising the number of hits on unsolved crimes.

*The Combined DNA Index System (CODIS) is a software system that  allows for state, local and federal authorities to share DNA profile information.

*See page 26 SB618 for a complete listing of offenses that will require DNA sampling and inclusion into the CODIS database.

Right now the Supreme Court is debating a case (Maryland v. King, 12-207) that may overturn as many as 29 state and federal laws that allow the collection of DNA samples when a person is arrested.  The Court’s decision on this case will be rendered in June of this year.

The original mandate of DNA databases – to record genetic markers from convicted offenders, on the dual theories that convicts are;

1) likely to reoffend

And

2) their diminished expectation of privacy legitimizes the search.

The expansion of circumstances from which DNA can be collected, analyzed and indexed to people arrested but not convicted of a crime goes well beyond the purpose and intent of creating a criminal DNA database

Whether or not collecting DNA samples from arrestees is an effective way to solve crimes is a moot point.  The ends do not justify the means.

On this point Supreme Court Justice Scalia agrees;

“I’ll bet you if you conducted a lot of unreasonable searches and seizures, you’d get more convictions, too,” Scalia said. “That proves absolutely nothing.”

Source: Bloomberg, February 26, 2013, DNA Collection Questioned as Court Weighs Privacy Rights http://mobile.bloomberg.com/news/2013-02-26/dna-collection-questioned-as-court-weighs-privacy-rights.html

This bill should receive a NO vote on its lack of constitutional merit alone.

But if that isn’t enough for you, there is more to consider. Once we cross the threshold of DNA collection prior to conviction and without a warrant what is next?

I will let Greggory LaBerge, Director, Crime Laboratory Bureau, Denver Police Department tell you exactly where we are heading.

“I’ll give a brief talk on forensic genetics of DNA database expansion, and specifically the CODIS database as it sits today, and where we think it will go in the future.

. . . We talk in the near term about how this database can be expanded. . . .There are states also looking at all arrestees legislation. . .”

Source: GENETICS AND PUBLIC POLICY CENTER AT JOHNS HOPKINS UNIVERSITY “A PERFECT MATCH? DNA IN LAW ENFORCEMENT” http://www.dnapolicy.org/resources/GenePOPSforensics_transcript.pdf

SB618 is a critical step towards mass DNA databasing of non-criminal
citizens and  DNA familial searches.  Eventually the ‘vision’ is DNA samples for roadside traffic stops, and merging our property records and financial profiles, workand medical history files, demographic data along with other biometric data including DNA.

The ultimate goal is a universal database of DNA profiles thatcan be used to predict our propensity for criminal behavior before any crime is committed.

Don’t believe me?   Believe Director LaBerge.

Source: The Forensic Genetics of DNA Database Expansion http://www.dnapolicy.org/resources/LaBerge-National_Press_Club_07.pdf

LaBerge lays out law enforcements vision for the CODIS DNA database;

Near Term DNA database Expansion (slide 8)

  • All convicted felons-current
  • All felony arrestees-currently expanding
  • All arrestees
  • Some misdemeanors

He lists the following near term desired uses of the CODIS DNA databases in the United States (slide 19)

  • Familial DNA searches
  • All military personnel DNA collected (now) and run (later) and searched against national CODIS as condition of enlisting
  • DNA databases based on privilege like DNA from teachers, driving, government and law enforcement jobs etc.

And eventually- (slide 21)

Relational databanks-biometric data merged with:

– DNA,

– fingerprints,

– photos,

– vehicle registrations,

– facial and body index/structure characteristics,

– Accurate ethnicity, race prediction

– demographic data,

– work and medical history,

– financial profiles,

– behavior modeling

– Criminal history,

By 2022 LaBerge predicts (slide 22);

laberge outer limits 1

  • Rare allele databases that relate genotype to geographical data
  • Predictive databases for crime propensity
  • Integrated police forensic intelligence databanks
  • Medical condition databases and DNA markers that characterize conditions-Research database access?
  • Roadside DNA profiling at every police stop
  • Universal databases

Read more Envisioning the future of the CODIS DNA database final

SB618 is moving us closer to this dystopic future.  Forced DNA testing should stop with people convicted of crimes.

Please vote NO on this unconstitutional and inhumane bill!

4 responses to “Oklahoma Action Alert! SB618 DNA Collection Before Conviction

  1. What are they going to want from us next??? Our bodies? Our souls?
    2 Peter 2:3 “…Through covetousness shall they with feigned words make merchandise of you: whose judgment now of a long time lingereth not, and their damnation slumbereth not.”

  2. Just sent my email. 6:20 pm, 3-6-13. Everyone get after them.

  3. What is the status of SB618 now 3/14/13

  4. It hasn’t been heard. I believe that the votes to pass it are not there.

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