People convicted of some crimes now required to give DNA samples
People convicted of felony crimes and higher-level misdemeanors now are required to provide DNA samples that state police will store in a database and share with the FBI to help solve other crimes.
A 2018 amendment to Title 44 of the Pennsylvania Consolidated Statutes that recently went into effect requires people convicted of felonies, first-degree misdemeanors and certain second-degree misdemeanors to provide DNA samples.
The amendment calls on state police to store the DNA profiles and identification information from the samples in a database and share them with the FBI, which stores the information in its National DNA Index System (NDIS) and uses its Combined DNA Index System (CODIS) software to match a DNA profile from a suspect to a profile in NDIS.
Butler County District Attorney Richard Goldinger said DNA science can help police solve unsolved crimes.
“DNA is still fairly new technology that didn’t exist 25 years ago. The database can help us solve those crimes,” Goldinger said.
The changes in the law recognize the use of DNA science as a tool to help solve crimes and prevent wrongful convictions, said John Rago, an associate professor of law at Duquesne University's Thomas R. Kline School of Law.
“DNA kind of keeps everybody focused on truth,” Rago said. “If we have tools that help us define truth, we should use them. It’s a wise use of science.”
He said he believes public safety is the government’s main obligation to the public, and DNA science can help law enforcement meet that obligation.
As of November 2022, the NDIS contained more than 15.68 million offender profiles, 4.89 million arrestee profiles and 1.23 million forensic profiles, according to the FBI.
As of November 2022, CODIS has produced more than 637,830 hits assisting in more than 622,955 investigations.
From Pennsylvania, NDIS has 444,660 offender DNA profiles that aided in 12,131 investigations.
“Criminal justice is never a finished product. We’re always trying to become better than we were yesterday. We have to learn as much from our successes as we do from our failures,” Rago said. “When we find a better way, we should use it.”
At a recent sentencing proceeding in Butler County Common Pleas Court, defendants who had pleaded guilty or were found guilty of felony crimes including theft, drug possession and fourth driving under the influence offenses, and misdemeanor crimes of theft, fleeing from police and second DUI offenses were ordered to provide DNA samples as part of their sentences.
The amendment requires DNA samples from people convicted of felonies, felony sex offenses, first-degree misdemeanor vehicle code offenses and second-degree misdemeanors including simple assault, false imprisonment, indecent exposure, bad checks, intimidating or retaliating against witnesses or victims, cruelty to animals and prostitution.
Rago said 30 states have enacted laws that authorize police to take DNA samples from people when they are arrested for felony offenses, and the U.S. Supreme Court has upheld those laws.
