DNA Testing of Arrestees (H 7304A as amended, S 2101B)

In June, the House and Senate approved disturbing legislation allowing for the collection of DNA from people arrested – but not yet put on trial – for a number of offenses. Under current Rhode Island law, DNA can be collected from individuals convicted of certain felonies; under this legislation, any person merely arrested for a “crime of violence” – including larceny – would have their DNA collected and stored. In February and March, the ACLU testified before the Senate and House Judiciary committees that such collection undermines the presumption of innocence and represents a dangerous step toward the creation of a comprehensive DNA database. Additionally, such an expansion of DNA testing would place a significant burden on the Department of Health, exacerbating an existing backlog and delaying justice in those cases where DNA is a critical investigatory element. While the House added provisions to the legislation allowing for the automatic expungement of DNA samples when a person is found not guilty or the charges are dropped, and providing that no samples will be processed until after an arrestee goes before a judge for arraignment, the legislation will still result in a tremendous invasion of privacy for many innocent Rhode Islanders. Despite the ACLU's advocacy for a veto, the Governor signed this legislation into law on June 30