The Senate Judiciary Committee heard HB 1577, sponsored by Sen. Houchin, Sen. Zakas and Sen. Merritt, on DNA samples of felony arrestees. The bill requires every person arrested for a felony after June 30, 2017, to submit a DNA sample, and specifies that the sample may be obtained only by buccal swab. The bill provides that a DNA sample may be obtained from a person arrested without a warrant for a felony, but that the DNA sample may not be shipped for DNA identification until a court has found probable cause for the felony arrest. The bill also provides for the expungement of a DNA sample taken from a person if the person is acquitted of all felony charges, all felony charges are dismissed, the person’s felony charges are reversed, or no charges have been filed after 30 days, and requires the officer who obtains a DNA sample from a person to inform the person of the right to DNA expungement. The bill also increases the DNA sample processing fee from $2 to $4 and allocates $500,000 semiannually to hold harmless all funds and to provide an additional amount to the DNA processing fund, and specifies that the discovery of DNA evidence tending to show previously unknown crimes committed by a person on bail may lead to revocation of bail or an increase in the amount of bail.
The bill was amended on a 7-3 roll call vote to make the provisions consistent with SB 322. The Indiana Prosecuting Attorneys Council testified in support of the bill, and the Indiana Public Defender Council testified about procedural concerns. The bill was held for the next meeting.
Read the bill at: https://iga.in.gov/legislative/2017/bills/house/1577