The West Virginia General Assembly on Thursday soundly rejected a bill that would expand law enforcement databases to include collecting DNA samples from people arrested for certain felonies.
During a lengthy debate before the 66-30 vote in the Republican-controlled House, some lawmakers cited privacy concerns. Three members were absent.
“This is one step away from our freedom,” said Republican Rep. Roland Jennings of Preston County.
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Current state law requires DNA samples to be taken from people convicted of felonies and certain misdemeanors. The bill would expand the law to use cheek swabs to take DNA from adults arrested for felony assault, robbery or incidents involving minors. The samples will be sent to the state crime lab and the results will be stored in the FBI's database.
“If you don't want your DNA taken, don't commit a heinous crime,” said Republican Rep. Scott Heckert, a sponsor of the bill.
This photo shows the statue of Confederate General Thomas “Stonewall” Jackson and the West Virginia State Capitol in Charleston, West Virginia, on August 17, 2017. Lawmakers here rejected a bill that would have expanded the circumstances under which law enforcement can legally collect DNA. Samples from people arrested for certain crimes on January 25, 2024. (AP Photo/John Lavie, File)
But some Democratic lawmakers were concerned that the bill could violate Fourth Amendment protections against unreasonable searches and seizures.
“This bill is very broad,” said Rep. Sean Fluharty, an Ohio Democrat. “Entering people into a DNA database simply because they were arrested and charged with a crime for legitimate reasons is dangerous territory.”
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The bill's sponsor, Mason County Republican Jonathan Pinson, said it's no more of a constitutional issue than taking fingerprints from suspects. Pinson said lawmakers should be more concerned about helping victims of crimes that go unsolved because they “don't know where to look” for evidence.
The bill also included steps to remove a person's DNA record from the database if the person's felony charge is waived.
Prior to the vote, the House twice rejected proposals to suspend consideration of the bill.
