Senate panel to revisit DNA bill

Sampling helps protect the public, state lawmaker says

Sampling helps protect the public, state lawmaker says

COLUMBIA — At the top of next year's to-do list for a state Senate panel is a renewed push for DNA sampling at the time of arrest for certain serious crimes.

Last year, the DNA legislation failed after the House sustained a veto by Gov. Mark Sanford on the grounds that the samples of those found to be innocent would not have been destroyed automatically, as well as the governor's concern that taking the samples at the time of arrest rather than at conviction is an invasion of privacy.

Senate President Pro Tem Glenn McConnell, R-Charleston, said he sees DNA as a modern fingerprint that can help clear the name of the innocent, solve cold cases and put repeat offenders behind bars.

"One of the greatest rights of people is to walk safely on the streets of South Carolina," said McConnell, who appointed the task force. "The greatest weapon we have is this DNA bill."

All states require DNA samples from convicted sex offenders and upon conviction for certain other crimes, according to the National Conference of State Legislatures.

Forty-four states, including South Carolina, require samples from all convicted felons. Nine states take samples for some misdemeanors, and 11 states, including Tennessee and Virginia, allow samples to be taken at the time of arrest, primarily for felony charges.

State databases are connected to a national bank run by the Federal Bureau of Investigation.

The Senate Criminal Justice Task Force is going to rewrite the legislation to address the concerns highlighted in the governor's veto message, rename it "the Public Protection Act" and launch an awareness campaign to tell legislators about the benefits.

In his veto message, Sanford wrote: "While certainly enhancing law enforcement's ability to do their noble work, I believe this bill takes too big a bite from the foundation of civil liberty and privacy that are the hallmark of the American way of life."

Further, the governor wrote that limiting DNA collection to after convictions ensures "no DNA is collected unless that person has been granted due process of rights and has experienced a full vetting by the judicial system."

The governor's second fundamental concern is a little easier for the task force to address. The earlier proposal would not have required samples taken from people later found innocent to be automatically destroyed, and the Senate group is looking into how to address that.

The DNA bill will have support from some key House members.

"It will save lives in South Carolina without a doubt," said Rep. Chip Limehouse, R-Charleston.

House Speaker Bobby Harrell, R-Charleston, said he hopes to see the bill become law.

"I have some of the same concerns folks are talking about, but I believe the need to have this DNA database of criminals is incredibly important and we need to find a way to get it done," Harrell said.

The Senate task force also will take on alternative sentencing measures for the state's growing prison population and start a preliminary discussion on abolishing parole.

State Attorney General Henry McMaster recently announced a proposal to end parole by requiring prisoners to serve at least 85 percent of their sentence. State Sen. Robert Ford, a member of the task force, said he has grave concerns about the proposal, including the lack of research on its impact and the cost to implement it.

Reach Yvonne M. Wenger at ywenger@postandcourier.com or 803-799-9051.