TBO.com - TBO is Tampa Bay Online

Preventing crimes

ADVERTISEMENT

By GERALD BAILEY

Special To The Tampa Tribune

Published: July 6, 2009

Floridians need to know about the state's DNA database.

On June 16 Gov. Charlie Crist signed Senate Bill 2276 into law. The bill expands, over a 10-year period, the state's DNA database to include the collection of DNA for offenders arrested for, or charged with, a felony. The bill was championed by two forward-thinking state legislators, each of whom served many years as law enforcement officers.

Florida joins 20 other progressive states that will prevent crimes from occurring as a result of adopting laws that require a DNA sample at the time of a felony arrest. Across the country, similar legislation is known as "Katie's Law."

Law enforcement officials and state policymakers have witnessed firsthand the power of Florida's DNA database. The database takes DNA samples from convicted felons and compares them to samples left at the scene of unsolved crimes. Each month, 230 hits are made by the database. These hits match an unknown DNA sample left at a crime scene to a known felon whose DNA is on file with the state or links two or more unsolved crimes.

Since its inception in 1990, Florida's database has aided 11,000 investigations. It is an invaluable tool.

Some have suggested the DNA database should only store samples from those convicted of crimes. We disagree. The reality of the criminal justice system is that only about half of arrests result in successful prosecution. Often cases are dropped for reasons that have nothing to do with the guilt or innocence of the defendant. Using DNA samples collected at arrest will help solve unsolved crimes and can help prevent criminals from committing additional crimes.

Several years ago, Chicago did a study of eight convicted felons and their criminal histories. The results were sobering. Had DNA been collected at the time of the first felony arrest, 60 violent crimes committed by these offenders after their first arrest could have been prevented.

Take Chester Dewayne Turner, for example. On Jan. 26, 1987, police in California arrested him for assault with a firearm. There was not enough evidence to convict him, and he was set free. His DNA was not taken, he was not convicted, and he was subsequently arrested 21 more times before he was convicted of rape in 2002. Then, his DNA was finally taken. Turner's DNA matched DNA evidence on 12 other rape and murder victims - all crimes he had committed since his original felony arrest in 1987.

Florida's carefully crafted legislation contains key protections. There are clear provisions for removal of DNA from the database if a person arrested for a felony is acquitted or the case is overturned, dismissed or not prosecuted.

The manner in which DNA for felony arrests will be handled is no different from the way fingerprints for any arrest have been entered into and maintained in the state's criminal history system for decades. The law specifies DNA samples are to be used for criminal investigative and other criminal forensic purposes only. In fact, there is a criminal penalty that attaches for anyone misusing the DNA samples.

Public safety in the 21st century is not just about solving crimes; it's about using technology to prevent them. Adding felony arrestees will result in more crimes being solved, repeat offenders being taken off the street sooner and lives literally being saved. And while lack of funding for the upcoming year will delay its implementation, Florida has successfully put in place the foundation for very powerful public safety policy. We can think of no other tool with the ability to prevent violent crimes as efficiently and effectively. Our citizens expect this. We think they deserve it.

Gerald Bailey is commissioner of the Florida Department of Law Enforcement.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT