Iowa is a step closer to joining a growing list of states allowing authorities to collect DNA from people arrested for certain violent crimes, under a bill that has passed the Iowa House.
The legislation would change Iowa law to allow law enforcement to collect a limited DNA sample from those arrested for felonies or aggravated misdemeanors, an expansion of state law allowing DNA collection once someone has been convicted of those crimes.
Proponents of the measure Republican Attorney General Brenna Bird has championed say it gives law enforcement and prosecutors a “powerful tool” to solve cold cases and seek justice for victims.
Opponents contend it violates state and federal constitutional rights against unreasonable search and seizure.
House File 2624 passed in a 64-30 vote, with six lawmakers not voting.
It mirrors legislation passed in other states called “Katie’s Law,” named after Katie Sepich, a 22-year-old University of New Mexico student who was murdered in 2003. Her murderer’s DNA was taken when he went into prison for another crime and it provided a partial match to Sepich’s killer, supplying prosecutors with the evidence to convict him.
Rep. Bill Gustoff, R-Des Moines, voted for the bill and said he was concerned about bringing closure to victims’ families and getting repeat criminal offenders off the streets.
“Everything we do here is a balance of rights, and we’re dealing with someone … who did something to get arrested, and I’m more worried about the victims and their families,” Gustoff said.
Rep. Angel Ramirez, D-Cedar Rapids, said the measure would pose permanent privacy risks and opposed taking DNA “the moment an officer places you in handcuffs before any finding of facts.”
“We’re not talking about a name in a file,” Ramirez said. “We’re talking about the most personal information a human-being can possess.”
Automatic deletion of DNA from database allowed after acquittal, dismissal
Those arrested for a felony or an aggravated misdemeanor would have their mouth swabbed for a limited DNA sample, under the bill.
That sample would be uploaded to the Combined DNA Index System, managed by the FBI, and checked against unsolved violent crimes in Iowa and across the nation.
If the defendant’s case is dismissed or the individual is acquitted, the DNA sample would be deleted from the CODIS within 30 days. Lawmakers added a requirement that the DNA samples be expunged from the database automatically upon acquittal or dismissal of the charges, without an application from the defendant.
“We did that to make sure it’s not only an effective law enforcement and prosecutorial tool but that it also protects the rights and privacy of those who are not ultimately charged or convicted of a felony or a violent crime,” Gustoff said.
Opponents call it a ‘flagrant’ constitutional rights violation
Several lawmakers raised concerns that the move violate Fourth Amendment constitutional rights, which shield Americans from unreasonable search and seizure.
Rep. Charley Thomson, R-Charles City, called the measure Iowa’s version of a provision in federal law that authorizes the U.S. government to warrantlessly surveil non-Americans abroad to gather foreign intelligence. That provision has come under scrutiny for “incidental” collection of Americans’ data.
“It’s not a fingerprint,” Thomson said. “It’s a library, and it’ll be another brick in our digital prison.”
He said the scope initially may be limited but said it could lay groundwork to expand DNA collection to minor children and all people pulled over for a traffic stop.
“This is the nose of the camel under the tent,” Thomson said. “They’ll look back and say, ‘Well, in the history of Iowa, how was it the people in Iowa who were so zealous about their rights and liberties could go to allow this blatant dragnet of DNA sampling to go forward?'”
Rep. Ken Croken, D-Davenport, said collecting DNA after an arrest alone represents a “flagrant” constitutional violation.
While DNA could be expunged from Iowa’s database if charges are dropped, Ramirez said once someone’s DNA enters a national or interstate database, Iowa cannot force that entity to recall it.
Gustoff said the bill was intended to target repeat offenders, and the measure is on solid constitutional ground.
The U.S. Supreme Court ruled on DNA arrest issues in the 2013 Maryland v. King case, ruling that DNA sample collection for violent crime arrests supported by probable cause is a legitimate police booking procedure and does not violate the Fourth Amendment.
(This story was updated because an earlier version included an inaccuracy.)
Marissa Payne covers the Iowa Statehouse and politics for the Register. Reach her by email at mjpayne@registermedia.com. Follow her on X at @marissajpayne.
This article originally appeared on Des Moines Register: Iowa House passes bill to expand DNA collection for violent crimes
Reporting by Marissa Payne, Des Moines Register / Des Moines Register
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