House Democrats have unveiled a series of legislative proposals aimed at protecting children and families. Topping the list is one to expand Missouri’s DNA database to include people charged, but not yet convicted, of felonies. A second component of that proposal would allow for DNA to be collected from juveniles who commit crimes that would be considered felonies if adjudicated in the adult criminal justice system. Representative John Burnett of Kansas City, the sponsor, insists this would hold up under any and all constitutional challenges. Burnett points to a 1966 U.S. Supreme Court ruling – Schmerber v. California – in which the High Court upheld the constitutionality of a blood test involuntarily administered to a man who had been drinking and driving. The Court rejected arguments the test violated the man’s Fifth Amendment right against providing self-incriminating evidence as well as his Fourth and Fourteenth Amendment rights against unreasonable searches and seizures. Burnett says seven states currently collect DNA from felony arrestees, while thirty-five states collect DNA from juvenile offenders.

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Schmerber v. California (1966)

The use of DNA in Missouri’s criminal justice system is getting a special look by a legislative committee. The committee is fueled by a mix of technology and popular culture. St. Louis Representative Connie Johnson, who heads the special committee, says crime-fighting television shows rely on technology to achieve justice. She says the general public expects real world crime investigators to do the same thing. She says various organizations have been exploring DNA’s role in the justice system and now it’s time for lawmakers to hear the accumulated expertise. The first committee meeting is next Monday in Columbia. A second hearing will be two days later in St. Louis. The committee cannot afford to have a hearing in Kansas City or anywhere else. Johnson says there might be some legislation discussed next year – a bill was filed in the last session about DNA evidence. But she says it will be only one step in addressing DNA in the justice system.