Those facing felony charges in Kentucky may soon have to provide more than just their fingerprints upon arrest, under legislation that would require jails to collect a DNA sample when a person is booked into jail on a felony charge.
Rep. Patrick Flannery, R-Olive Hill, is the primary sponsor of House Bill 414. Sen. Julie Raque Adams, R-Louisville, testified alongside Flannery during the House Local Government Committee’s meeting on Tuesday.
Flannery testified that 31 other states have already enacted similar legislation, which has aided law enforcement in solving cold cases.
“This is very helpful for different reasons,” he said. “One is hopefully we can solve crimes that have been remaining out there. Hopefully for folks that are innocent, this can be used to exonerate them.”
U.S. Supreme Court case Maryland v. King opened the door for states to pass legislation like HB 414, Flannery said.
Adams told the committee she first filed similar legislation years ago. Then, Kentucky would’ve been a pioneer, she said. Today, Kentucky is considered an outlier compared to its surrounding states.
“I’ve always been deeply committed to this, and I’ve always thought it was the right direction.”
Under HB 414, collected DNA would be sent to the Kentucky State Police’s forensic laboratory. The DNA samples could only be used for criminal justice purposes.
The legislation limits DNA collection upon felony arrest to adults. The bill would require the samples and the DNA profile to be expunged upon acquittal, a dismissal or a conviction for a nonfelony offense. Individuals who successfully complete a pretrial diversion program could also qualify for expungement.
A five-dollar fee for collecting DNA evidence was removed from the bill. Flannery said the state does not collect a fee for fingerprinting or other aspects of the booking process, so the change would make the DNA collection no different. He also said HB 414 would have a “minimal, if any” fiscal impact.
The bill won unanimous approval from the committee and now heads to the House floor.
(Photo: State Rep. Patrick Flannery, R-Olive Hill, courtesy of Kentucky Today)
By Tom Latek, Kentucky Today
