Bill requiring DNA testing after certain arrests dies in committee

By Cy Ryan

Monday, June 6, 2011 | 9:27 p.m.

CARSON CITY – A bill that would permit DNA testing of a person arrested for a felony or a misdemeanor sexual offense has died in the Senate Finance Committee without a vote.

Despite strong support of law enforcement, Committee Chairman Steven Horsford, D-North Las Vegas, said there were strong implications involving privacy rights in taking biological specimens.

Horsford said there also were questions about "wiping out" DNA testing results if a person was found innocent.

“We can’t fast-track this,” he said of the bill, noting it was the end of the session and his committee only received the bill Sunday. “These are very high stakes."

There was opposition from the American Civil Liberties Union, public defenders’ offices and the NAACP. The bill had passed the Assembly 31-11.

Current law allows a DNA test after a person has been convicted, but the bill would have moved the testing up to when the individual was arrested.

Assembly Bill 552 had been sponsored by Assemblywoman Debbie Smith, D-Sparks, who said it wouldn't only help get convictions, but would also help with acquittals.

Richard Boulware, a public defender in Las Vegas and an officer with the NAACP, said there were obstacles in the bill to removing someone's DNA records if the person was cleared of a crime. He suggested a study to ensure officers weren't singling out minorities for arrests or traffic stops.

Rebecca Gasca of the ACLU said the state should wait for a decision from the U.S. Ninth Circuit Court of Appeals to see if such testing before a conviction was legal. She disputed claims by supporters that the bill had been found constitutional in other states.