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Capitol View®
Catharine Richert

Legislators want DNA from felon arrestees

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A bipartisan group of legislators wants police departments to collect and store DNA samples from anyone arrested for felonies, including rape and murder.

"This bill is about saving lives and exonerating the innocent," said Jayann Sepich, whose daughter Katie was raped and murdered in 2003. "Sadly, we know what happens when states don't pass this. Lives are lost."

The bill was introduced by Sen. Carrie Ruud, R-Breezy Point, also has support from Sen. Bill Ingebrigsten, R-Alexandria and Sen. Kathy Sheran, DFL-Mankato. Ruud said Rep. Tony Cornish, R-Vernon Center, is expected to introduce the bill in the House.

Sepich founded DNA Saves, a group asking states across the country to adopt DNA testing of people who have been arrested.

Sepich said her daughter's murder would have been solved in three months not three years if DNA had been taken during other arrests.

A 2005 bill passed by the Minnesota Legislature included money to require DNA samples from people arrested for a felony.

But in 2006, the Minnesota Court of Appeals struck down the law on the ground that it violated the Fourth Amendment - unreasonable search and seizure. Last year, the U.S. Supreme Court ruled DNA collected from people arrested for felonies doesn't violate the Constitution.

Ruud said Minnesota should join 28 states that already have similar bills on the books.

"Ten years ago, we weren't ready and the science wasn't ready," Ruud said. "We think it's time Minnesota come on board with the rest of the states because it's met Constitutional challenges."

Sepich said privacy concerns about DNA being collected and stored are unfounded because the data doesn't reveal personal information.

Minnesota already collects information from people who are convicted of felonies, so Sepich said the systems to collect DNA at the time of arrest are already in place. She added that there are federal grants available through 2015 that would help states implement advanced testing.

Hennepin County Sheriff Rich Stanek said his staff met with Ruud's coalition, and said he generally supports their effort. He said there would not be a huge financial cost to swab people for DNA when they are arrested.

Stanek also said that the procedure is less invasive than people might think, requiring a cheek swab, not a blood sample.