Vt. lawmakers hear testimony on expanded DNA collection bill

MONTPELIER, Vt. -

A bill before lawmakers would expand the collection of DNA samples from people convicted of misdemeanor crimes.

Senate Judiciary Committee Chair Dick Sears, D-Bennington County, is pushing the DNA collection bill to fix a law struck down by the Vermont Supreme Court last July.

Sears' committee heard from witnesses Tuesday, not only on fixing the constitutionality questions raised by the court decision, but also what it would mean to expand DNA sampling beyond just convicted felons to anyone convicted of a misdemeanor involving prison time.

"We think it's a powerful tool therefore that both enhances public safety and protects the privacy of Vermonters and others," Vt. Assistant Attorney General John Treadwell said.

Vermont first started collecting DNA from convicted, violent felons back in 1998. In 2005, the Legislature expanded it to include felonies or attempted felonies. And in 2009, following the rape and murder of 12-year-old Brooke Bennett, the law was modified again to resemble national legislation known as Katie's Law. It said that no longer was a conviction needed to collect DNA, probable cause after arraignment was enough. But unlike some other states where the U.S. Supreme Court upheld Katie's Law, it butted up against Vermont's stricter privacy protections.

Sears, who disagrees with the Vermont ruling, says the new bill restores the conviction requirement while trying to achieve some of the goals of Katie's Law

"Which nationally has proven to solve a lot of crimes and prevent other crimes from occurring. Had the person who murdered Katie Sepich been caught before-- right after her murder-- several other people would still be alive today," said Sears.

The American Civil Liberties Union of Vermont, which never supported DNA testing to begin with, says this new version sweeps a whole new category of lesser crimes into the state and national DNA database from big game violations to maple syrup offenders.

"Anyone knowingly mislabeling maple syrup for example and is prosecuted and convicted will have his or her DNA collected, and that's because mislabeling maple syrup carries a maximum penalty that includes a year in jail," said Allen Gilbert of the ACLU-VT.

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Vt. lawmakers hear testimony on expanded DNA collection bill