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Politics & Government

Capitol DisPatch: New DNA Law Goes into Effect Oct. 1

Some hail it as one more tool to catch criminals; others say it tramples on civil liberties.

Connecticut’s new DNA testing law is either plot line from a Philip Dick novel or a novel way to combat crime.

Effective Oct. 1, those arrested for any of 39 serious felonies must provide a DNA sample before they are released from custody if they have a prior felony conviction and have never before provided a DNA sample. While opponents contend the law tramples on civil liberties, supporters say it could solve cold cases, prevent future crimes and even exonerate the innocent.

“It can free the innocent and catch the guilty. DNA is the fingerprinting of the 21st Century,” said state Rep. John Hetherington, a Republican representing New Canaan and Norwalk in the 125th House District.

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State Sen. John Kissel, a Republican representing several towns in the 7th Senate District including Enfield, Granby and East Granby, advocated the use of DNA sampling during early debates on the issue. 

Kissel said DNA sampling could help close at least 200 cold cases. 

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That doesn’t satisfy the Connecticut chapter of the American Civil Liberties Union. The organization said DNA and fingerprints are not at all similar. While both are unique, DNA contains some of the most private information about a person — their genetic code.

“This is private information about you that should not be made available to the police or the government,” said Andrew Schneider, ACLU-CT Executive Director, in testimony last spring. “The risk that these samples might be accessed and used in controversial research (for example on human behaviors such as aggression substance addiction or criminal tendency) or in other sinister ways remains so long as those samples remain on file.”

Connecticut is the 25th state to mandate DNA samples, which will be entered into a federal DNA database. This is the first time the state will collect samples upon arrest. The state has collected DNA samples of those convicted of serious felonies for several years.

Connecticut’s new law resembles “Katie’s Law,” so named for Katie Sepich. The 22-year-old was raped, strangled to death, burned and left in a dumpsite near her New Mexico home in 2003. She fought her killer and had blood under her nails.

Sepich’s killer was caught three years later after New Mexico’s DNA database matched his profile. He had been convicted of several other crimes. Katie’s mother Jayann Sepich testified that had New Mexico had DNA testing earlier, her daughter might still be alive.

A co-sponsor of the bill, state Rep. Brenda Kupchick, a Republican representing Fairfield in the 132nd House District, acknowledged those concerns, saying that DNA bills are often controversial.

“It’s not like you’ll be pulled over for a DUI and have a sample taken,” Kupchick said. “This is for serious felonies. This is a good bill. It is giving law enforcement the tools to do their jobs. People will feel safer and feel something worthy is being done.”

State Rep. Linda Schofield, a Democrat representing Simsbury in the 16th House District, was also one of the legislation’s many co-sponsors.

The addition of the requirement that arrestees had previous felony convictions convinced some legislators who originally opposed the bill.

Aside from concerns the law violates the presumption of innocence, there are concerns the law violates the Fourth Amendment, Article 1, Section 7, which protects against unreasonable search and seizure.

While the Connecticut Conference on Municipalities supported the bill, it was concerned it will become an unfunded mandate since towns and cities have to provide the DNA kits.

Also, the Department of Public Safety cautioned the General Assembly saying that it needs substantial funding to help move cases through the Connecticut Forensic Lab.

Based on the 2009 Connecticut Crime Index, there were more than 9,175 criminal arrests for serious felonies in state. If that number stays the same, the lab would need five more examiner positions and a clerical position to process and maintain DNA tests and files.

David Cameron, a political science professor at Yale University, testified on behalf of the bill.

He said it could help overturn wrongful convictions, as case of James Tillman who served 18 years on rape charges before DNA exonerated him. Cameron also said the law would help crack unsolved crimes in which there is biological evidence from an unknown source.

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