DNA databases can be a controversial subject. There’s no doubt they lead to case resolution and justice, but questions abound as to “how far is too far?” when it comes to DNA privacy.
In the U.S., different states legislate DNA collection in different ways. While some states have no DNA arrestee laws, the majority do—but the type of qualifying arrest differs from state-to-state. For example, Alabama collects DNA from arrestees for all felonies and all sexual offenses. Alaska, meanwhile, applies this to all crimes against a person, regardless of whether they are felonies or misdemeanors. Still other states focus on specific crimes. In addition to murder, sex crimes and burglary, Arizona applies DNA collection laws to specific misdemeanors, such as indecent exposure, public sexual indecency and prostitution. South Carolina does the same to eavesdropping, peeping and stalking, in addition to all felonies.
In July 2023, Florida Governor Ron DeSantis signed a bill that changed the law in the Sunshine State—at least for one portion of the population. Senate Bill 1617 requires Florida law enforcement agencies to collect DNA samples from anyone in custody who is subject to a federal immigration retainer. The samples are submitted to the Florida Department of Law Enforcement (FDLE) and stored in a statewide DNA database.
With the arrests of Martin Rodriguez Rios and Francisco Figueroa earlier this month, the Collier County Sheriff’s Office became the first law enforcement agency in the state to make use of this new DNA database collection law.
According to the FDLE, DNA samples were collected from the two male suspects in custody. In accordance with the law, the samples were entered into Florida’s DNA database and uploaded into CODIS. Both samples hit at the state level to sexual battery cold cases. The FDLE confirmed the DNA hits and provided the information to the Collier County Sheriff’s Office to make the arrests.
Rios, 37, was subsequently charged with sexual battery in a 2014 cold case, while Figueroa, 43, was charged with the same in a 2022 cold case.
Pennsylvania’s proposed DNA collection law
In Pennsylvania last week, representatives announced proposed legislation to expand the collection of DNA samples in the state.
In addition to requiring post-arrest testing of anyone charged with a felony or certain misdemeanors, Senate Bill 1078 would also require the collection of DNA samples for those offenders convicted of criminal homicide.
Under current Pennsylvania criminal laws, samples are required to be taken from those convicted of felonies and other serious sexual offenses, but criminal homicides are their own classification of crime—they are technically not classified as felonies. This legislation would close that loophole and require collection of DNA samples from these offenders to solve other cold case murders and crimes.
If Senate Bill 1078 is ultimately passed, Pennsylvania would become the 20th state in the U.S. to collect post-arrest DNA samples.