https://www.forensicmag.com/610912-First-Arrests-Under-Florida-s-New-DNA-Law-Pennsylvania-Considers-Post-arrest-Testing/

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  * First Arrests Under Florida's New DNA Law, Pennsylvania Considers
    Post-arrest Testing

First Arrests Under Florida's New DNA Law, Pennsylvania Considers
Post-arrest Testing

February 12, 2024
 
Michelle Taylor
Editor-in-Chief

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610912.jpg

 

DNA databases can be a controversial subject. There's no doubt they
lead to case resolution and justice, but questions abound as to "how
far is too far?" when it comes to DNA privacy.

In the U.S., different states legislate DNA collection in different
ways. While some states have no DNA arrestee laws, the majority
do--but the type of qualifying arrest differs from state-to-state. For
example, Alabama collects DNA from arrestees for all felonies and all
sexual offenses. Alaska, meanwhile, applies this to all crimes
against a person, regardless of whether they are felonies or
misdemeanors. Still other states focus on specific crimes. In
addition to murder, sex crimes and burglary, Arizona applies DNA
collection laws to specific misdemeanors, such as indecent exposure,
public sexual indecency and prostitution. South Carolina does the
same to eavesdropping, peeping and stalking, in addition to all
felonies.

In July 2023, Florida Governor Ron DeSantis signed a bill that
changed the law in the Sunshine State--at least for one portion of the
population. Senate Bill 1617 requires Florida law enforcement
agencies to collect DNA samples from anyone in custody who is subject
to a federal immigration retainer. The samples are submitted to the
Florida Department of Law Enforcement (FDLE) and stored in a
statewide DNA database.

With the arrests of Martin Rodriguez Rios and Francisco Figueroa
earlier this month, the Collier County Sheriff's Office became the
first law enforcement agency in the state to make use of this new DNA
database collection law.

According to the FDLE, DNA samples were collected from the two male
suspects in custody. In accordance with the law, the samples were
entered into Florida's DNA database and uploaded into CODIS. Both
samples hit at the state level to sexual battery cold cases. The FDLE
confirmed the DNA hits and provided the information to the Collier
County Sheriff's Office to make the arrests.

Rios, 37, was subsequently charged with sexual battery in a 2014 cold
case, while Figueroa, 43, was charged with the same in a 2022 cold
case.

Pennsylvania's proposed DNA collection law

In Pennsylvania last week, representatives announced proposed
legislation to expand the collection of DNA samples in the state.

In addition to requiring post-arrest testing of anyone charged with a
felony or certain misdemeanors, Senate Bill 1078 would also require
the collection of DNA samples for those offenders convicted of
criminal homicide.

Under current Pennsylvania criminal laws, samples are required to be
taken from those convicted of felonies and other serious sexual
offenses, but criminal homicides are their own classification of
crime--they are technically not classified as felonies. This
legislation would close that loophole and require collection of DNA
samples from these offenders to solve other cold case murders and
crimes.

If Senate Bill 1078 is ultimately passed, Pennsylvania would become
the 20^th state in the U.S. to collect post-arrest DNA samples.

 

 

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