"The proponents are putting before you legislation that the Court of Appeals in very strong and forceful language has indicated it very likely would be treated as unconstitutional," he said.
In 2004, the databank survived a constitutional challenge, but a majority of the court's judges indicated that they were troubled by the implications of collecting genetic profiles.
Under Kramer's bill, people who are arrested but not convicted would have the right to have their DNA sample and genetic information expunged from local, state and federal records.
gadi.dechter@baltsun.com
Sun reporter Laura Smitherman contributed to this article.
DNA legislation
Several lawmakers have proposed legislation to increase state collection of DNA samples from those accused of crimes whether they are convicted or not. Gov. Martin O'Malley is backing a similar bill. Currently, the state only takes samples from those convicted of felonies, fourth-degree burglary or breaking and entering into a motor vehicle.
Some details about the legislation:
Samples would be collected from those arrested for violent crimes and certain other serious offenses.
Similar statutes are on the books in 11 states: Alaska, Arizona, California, Kansas, Louisiana, Minnesota, New Mexico, North Dakota, Tennessee, Texas and Virginia.
Analysts estimate that the state could collect as many as 120,000 samples in the first year at a cost of $3.7 million.
People would be able to petition the state to have their DNA information deleted from the state's database if they are not convicted or if certain other conditions are met.
Source: Department of Legislative Services
