A bill amending laws for DNA collection from convicted felons passed through a legislative committee Monday, Feb. 10.

The House Judiciary Committee unanimously passed House Bill 107, sponsored by Rep. J. Stuart Adams, R-Layton.

The bill amends parts of a law passed last year that allows for the collection of DNA from all criminals convicted of a felony and some convicted of misdemeanors.

"DNA is more accurate than fingerprints and more available at the crime scene," said Adams. "You can pick up a hair at the crime scene and link it to a criminal."

The amendments to the bill include collecting samples from felons who move to Utah, changing DNA samples from private to protected information and collecting samples from illegal aliens convicted of state immigration violations.

The bill encountered some opposition through the illegal aliens clause. Reasoning that because the bill includes all felons, a motion was passed to eliminate the clause.

Eric Hutchings, R-Kearns, also expressed concern that the bill included some misdemeanors.

"It seems that eventually anybody that J-walks will have to have their DNA sample taken, almost like it's the more the merrier," Hutchings said.

Jay Henry, deputy director of the State Crime Lab, said that those misdemeanors are included to target criminal populations that have a tendency to commit other crimes.

"What we are trying to do is find the criminal where we get the most bang for our buck," Henry said.

Because of lack of funding, it is too expensive to test every criminal. Targeting criminals that commit multiple crimes would be more beneficial to the system, Henry said.

According to the Department of Public Safety Web site, only violent crimes against a person qualify for DNA analysis.

DNA samples are submitted to a national database that is headed by the FBI. The objective of the database is to link crimes on a national level.

Utah is still at the beginning stages, with actual DNA samples ready to ship off, Henry said. He believes once they have the funding and the system gets going, it will see success.

"Eventually when we get this going, we will see all sorts of hits," said Henry. "We have had some really good success stories so far."

Adams added that DNA collection aids on both sides of the crime.

"Because DNA is accurate it not only helps convict the criminal, but exonerates prisoners," Adams said.

Adams also noted the importance of moving the DNA information from private to protected.

Having a private status allowed the person who was tested to request a copy and distribute it. With a protected status the DNA information will only be available to people associated with the crime system, Adams said.

A group of state officials worked on the amendments for the bill including the Utah Department of Corrections, Attorney General's office and the state crime lab.
Copyright Brigham Young University 11 Feb 2003