By Peter Marcus, DENVER DAILY NEWS
DENVER — Despite cries that taking DNA samples from suspects violates a Constitutional right, the governor Thursday signed a bill that will give law enforcement that extra tool.
Senate Bill 241 will allow police to take DNA samples from suspects arrested for rape, burglary and other felonies. Current law only allows police to take DNA samples from convicted felons.
Supporters of Katie’s Law, named in honor of 22-year-old New Mexico murder victim Katie Sepich, say the measure will help prevent lives from being lost and keep the innocent from being wrongly prosecuted by expanding the state’s DNA database.
“This measure will help law enforcement solve crimes and keep Coloradans safe,” said Gov. Bill Ritter, a former prosecutor.
The signing ceremony Thursday was attended by Sepich’s mother, Jayann Sepich, who fought for the legislation. Ritter praised her for her dedication.
“Although she endured every parent’s worst nightmare, her efforts have ensured that other lives will be saved,” he said.
The bill had bipartisan support, with Sen. John Morse, D-Colorado Springs, as well as Reps. Steve King, R-Grand Junction, and Scott Tipton, R-Cortez, sponsoring the measure.
Opponents, however, say the bill is an “assault” on the Fourth Amendment.
“Senate Bill 241 would uproot a bedrock principle of our justice system by creating a permanent DNA database of everyone arrested for a felony,” stated the ACLU of Colorado in its active opposition of the measure. “Because an arrestee is presumed innocent, the collection of such sensitive personal information before an individual has been convicted is a violation of an individual’s Fourth Amendment right and expectation of privacy.”
Sen. Morgan Carroll, D-Aurora, a proponent of sentencing reform, voted against the legislation, arguing that the bill will add 25,000 innocent people into the database every year.
“It creates a process where the burden falls on the innocent person if they wish to extract or expunge their DNA from the government database,” she wrote in an online post. “The government’s ability to take your freedom or your life is one of the greatest potential powers they hold. Therefore, the presumption of innocence is key.”
The bill allows police to use “reasonable force if necessary” to collect the DNA. If a suspect is not formally charged within 90 days, they have the right to ask for their DNA to be removed from the database.
The state would need to pay $25,000 to anyone who did not have their DNA removed from the database upon request.
Colorado joins 15 other states that have enacted similar legislation.
Praise flooded in Thursday from supporters of the legislation, including Republican Attorney General John Suthers.
“The DNA database the Colorado Bureau of Investigation will build under Katie’s Law promises to help inject new life into cases that have long grown cold,” he said. “Katie’s Law does not offer crime victims’ families false hope. This new law will create tangible results.”
“One death is one death too many, but one death that could have been prevented, but wasn’t, is inexcusable,” said Morse. “We will not allow any more unsolved crimes to slip through the cracks. This is about public safety, but more importantly, this is about doing what is right.”
Distributed by Colorado Capitol Reporters
