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House puts off vote on collecting DNA

Black lawmakers walk out of meeting

many Republicans also upset with bill

General Assembly

March 19, 2008|By Timothy B. Wheeler , SUN REPORTER

Gov. Martin O'Malley's bid to expand collection of DNA samples from criminal suspects is sparking intense debate in Annapolis, with black lawmakers so upset they walked out of a Democratic caucus meeting in protest.

With objections from both ends of the political spectrum, the House of Delegates postponed debate on the bill until tomorrow.

"This issue is very emotional with many people," said House Majority Leader Kumar P. Barve, a Montgomery County Democrat. He declined to discuss what took place at the closed-door caucus, but added: "There's hardly anything more personal than your genetic information."

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The House Judiciary Committee approved the administration's DNA bill late Friday, but with significant amendments that would delay the collection and analysis of the samples taken from suspects. It also provided for automatic expungement of the information in some cases if charges are dropped.

But critics in both parties say they remain concerned about the measure, fearing it could infringe on people's constitutional rights and might wind up costing far more than the administration has predicted.

"It's not a black issue," said Del. Jill P. Carter, a Baltimore Democrat. "It's the American system of justice's presumption of innocence until proven guilty."

Many - though not all - members of the House Legislative Black Caucus contend that the administration bill is flawed and that an expanded DNA collection system could be used by authorities to target minorities.

O'Malley originally proposed collecting DNA samples from those arrested for violent crimes and burglary whether they are convicted or not, drawing wide support from law enforcement officials, who argued that it would be an invaluable tool for catching serial criminals and preventing rapes and murders. Eleven other states have similar DNA collection practices.

But in response to objections from civil libertarians and the black caucus, the administration agreed to amendments last week to limit collection to those accused of violent crimes and felony burglary - dropping misdemeanor burglary from the proposal. O'Malley aides also agreed to delay collection until after a suspect is charged, and not to process the sample until arraignment, which often occurs several weeks after arrest. Thousands of people a year are arrested but not charged, particularly in Baltimore City.

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