Gov. Martin O’Malley indicated Wednesday that he wished the standard for Maryland’s controversial DNA sample collecting was more expansive than it is in its current form.
“I’d like a procedure [for DNA sample collection] akin to what we have for fingerprinting,” O’Malley said, in a lecture to law students at the University of Baltimore.
Last year, O’Malley successfully pushed through legislation expanding law enforcement officials’ ability to collect DNA samples.
Previously, DNA samples could only be collected from criminals convicted of violent crimes. Under the new law, which took effect Jan. 1, law enforcement can collect DNA samples from those who are charged with committing or attempting to commit certain violent crimes.
The Maryland State Police uses a broader standard when it comes to fingerprinting. Deputy Director of Communications Elena Russo said the agency fingerprints anyone who is arrested on any criminal charges.
When asked whether the governor wanted legislation with broader collection standards, Deputy Press Secretary Christine Hansen cited O’Malley’s original legislative proposal, which called for DNA collection for individuals arrested for specific violent crimes. Hansen did not respond to questions about whether or not the governor will try to amend the current legislation during next year’s legislative session.
As O’Malley pushed for the law last year, groups like the Legislative Black Caucus and the American Civil Liberties Union sharply criticized the legislation. They said the new standards for DNA collection violated the presumption of innocence established by the Fourth Amendment.
The Black Caucus and the National Association for the Advancement of Colored People also expressed fears that the law would have a discriminatory effect because minorities are more likely to be arrested for violent crimes.
If O’Malley attempts to expand the law next year, he will likely face renewed opposition.
–By Capital News Service’s Christopher M. Matthews