Controversy in Texas' DNA Sampling Policy

November 16, 2010

Controversy in Texas' DNA Sampling Policy

Getting arrested in Texas could soon include something more than just a jail cell -- a DNA test. A growing number of law enforcement officials are calling for mandatory DNA testing, which they say would help police with unsolved crimes, particularly violent crimes like sexual assault and murder. Opponents say that mandatory testing violates individual privacy rights, and innocent people could be accused of crimes they did not commit.

Twenty states already require DNA testing when someone is arrested. In Texas, a person is currently tested only when they are actually indicted by a grand jury for a violent crime or if they committed a previous crime. Officials want to expand that to anyone who is arrested. The state's DNA database includes convicted felons, but if successful, the additional testing would add to a bulging database that proponents say would help police solve longstanding cold cases.

Proponents cite the success in other states that approved mandatory testing, such as Louisiana and Virginia. The Houston Chronicle reports that, in Louisiana, 406 people who were arrested and tested were linked to previous crimes. In Virginia, more than 600 people who were arrested and tested were linked to other crimes. The courts in Virginia have put down challenges from civil liberties groups, who argued that even people who are arrested but released or wrongfully arrested are tested.

The Legislative Budget Board estimates that approving and establishing a DNA testing law in Texas will cost taxpayers there nearly $2.4 million, but proponents say they plan to charge anyone who is arrested an extra $50 surcharge that is estimated to generate $1.7 million, which would help pay down the bill.

Article provided by Joe D. Gonzales Law Office
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