Mark Tyson
October 1, 2003, 09:09 PM
Measure to expand DNA criminal database approved
By Erik Arvidson
Transcript Statehouse Bureau
BOSTON -- A measure overwhelmingly approved by the Massachusetts House yesterday would require every person convicted of a felony to give a sample of their genetic blueprint to the state's DNA criminal database.
House lawmakers voted 146 to 4 in favor of the bill, which law enforcement experts said will make it easier for the state to identify suspects in a crime scene and exonerate people accused of crimes they didn't commit.
The Senate approved the measure earlier this year, and Gov. Mitt Romney is expected to sign it.
"This is one of the most important public safety tools for many generations," said Rep. James Vallee, a Franklin Democrat who sponsored the bill.
Rep. Shaun P. Kelly, R-Dalton, was one of the four opponents of the bill, and said he had reservations about "casting such a wide net" and treating all felons the same.
"I'm not comfortable taking broad categories of people, such as anybody that has committed what some refer to as a felony, and treating them all the same," Kelly said. "There will be people caught up in this that we never intended to get caught up."
Kelly noted that when the Legislature passed an assault weapons ban several years ago, which allowed authorities to prohibit felons from carrying handguns, many people who committed non-violent felonies lost their right to carry firearms.
"The last time we did this, we cast a wide net and it sounded good," Kelly said. "Then we found out 'Oh, wait a minute, the federal government classifies a fist fight 18 years ago as a felony, and now those people who have had guns for 20 years found out their right to have a gun has been taken away.' "
Kelly believes the DNA database will have the same effect.
He also believes the state's existing DNA criminal database is extensive and that instead of passing a law that covers all felonies, the Legislature should focus on those felony crimes where it makes sense that a person have their DNA taken.
State Reps. Peter J. Larkin of Pittsfield and William "Smitty" Pignatelli of Lenox, both Democrats, voted in favor of the bill. Rep. Daniel E. Bosley, D-North Adams, was absent for the vote.
Legislators were urged to support the bill by John and Magi Bish, the parents of Warren lifeguard Molly Bish, whose remains were found in a wooded area of Palmer.
Under the current law, the state maintains a DNA database for the 33 most serious types of felonies, including murder and rape. The bill would add more than 100 other types of felonies to the list where a DNA sample is required. The state currently has DNA samples from about 24,000 people, and the bill would expand that number to about 90,000.
The felonies in question range from murder and rape, to stealing from a burning building and illegal shellfishing.
The bill would require any felon who has served one year or more in prison to submit to a DNA sample, regardless of whether they are in prison or on parole.
Authorities said that DNA samples can be taken by an oral swap, which is less invasive than fingerprinting.
House Speaker Thomas M. Finneran, D-Mattapan, held a press conference with district attorneys and various state police officials to drum up support for the measure. It also has the backing of Attorney General Thomas Reilly.
Rep. Brian Knuuttila, a Gardner Democrat and the vice chairman of the Criminal Justice Committee, said DNA samples are replacing fingerprinting as one of the most important crime fighting tools of the 21st century.
By Erik Arvidson
Transcript Statehouse Bureau
BOSTON -- A measure overwhelmingly approved by the Massachusetts House yesterday would require every person convicted of a felony to give a sample of their genetic blueprint to the state's DNA criminal database.
House lawmakers voted 146 to 4 in favor of the bill, which law enforcement experts said will make it easier for the state to identify suspects in a crime scene and exonerate people accused of crimes they didn't commit.
The Senate approved the measure earlier this year, and Gov. Mitt Romney is expected to sign it.
"This is one of the most important public safety tools for many generations," said Rep. James Vallee, a Franklin Democrat who sponsored the bill.
Rep. Shaun P. Kelly, R-Dalton, was one of the four opponents of the bill, and said he had reservations about "casting such a wide net" and treating all felons the same.
"I'm not comfortable taking broad categories of people, such as anybody that has committed what some refer to as a felony, and treating them all the same," Kelly said. "There will be people caught up in this that we never intended to get caught up."
Kelly noted that when the Legislature passed an assault weapons ban several years ago, which allowed authorities to prohibit felons from carrying handguns, many people who committed non-violent felonies lost their right to carry firearms.
"The last time we did this, we cast a wide net and it sounded good," Kelly said. "Then we found out 'Oh, wait a minute, the federal government classifies a fist fight 18 years ago as a felony, and now those people who have had guns for 20 years found out their right to have a gun has been taken away.' "
Kelly believes the DNA database will have the same effect.
He also believes the state's existing DNA criminal database is extensive and that instead of passing a law that covers all felonies, the Legislature should focus on those felony crimes where it makes sense that a person have their DNA taken.
State Reps. Peter J. Larkin of Pittsfield and William "Smitty" Pignatelli of Lenox, both Democrats, voted in favor of the bill. Rep. Daniel E. Bosley, D-North Adams, was absent for the vote.
Legislators were urged to support the bill by John and Magi Bish, the parents of Warren lifeguard Molly Bish, whose remains were found in a wooded area of Palmer.
Under the current law, the state maintains a DNA database for the 33 most serious types of felonies, including murder and rape. The bill would add more than 100 other types of felonies to the list where a DNA sample is required. The state currently has DNA samples from about 24,000 people, and the bill would expand that number to about 90,000.
The felonies in question range from murder and rape, to stealing from a burning building and illegal shellfishing.
The bill would require any felon who has served one year or more in prison to submit to a DNA sample, regardless of whether they are in prison or on parole.
Authorities said that DNA samples can be taken by an oral swap, which is less invasive than fingerprinting.
House Speaker Thomas M. Finneran, D-Mattapan, held a press conference with district attorneys and various state police officials to drum up support for the measure. It also has the backing of Attorney General Thomas Reilly.
Rep. Brian Knuuttila, a Gardner Democrat and the vice chairman of the Criminal Justice Committee, said DNA samples are replacing fingerprinting as one of the most important crime fighting tools of the 21st century.