ACLU sues to Scrap Prop. 69 and its DNA databank: All Arrested Would have DNA Taken from them

Civil libertarians sued on Tuesday to stop implementation of a California law that mandates DNA testing for suspected felons even if they are never convicted. The American Civil Liberties Union lawsuit called the statute, which was approved by voters in November and mandates universal testing by 2009, "the most draconian program for the collection, retention and sharing of DNA data in existence in the United States." The suit asks a San Francisco federal judge to bar police from taking DNA samples from anyone arrested but not convicted, or from those who have completed probation and parole. California Gov. Arnold Schwarzenegger and Attorney General Bill Lockyer endorsed the measure, known on the ballot as Proposition 69, as one of the most important crime-fighting laws in state history. "DNA databank laws have been challenged repeatedly over the past two decades using the same theory that the ACLU has articulated in this lawsuit and (the lawsuits) failed," said attorney general's spokesman, Nathan Barankin. The ACLU suit said the law violates the due process and privacy rights of innocent arrestees whose DNA records could be shared with other law enforcement agencies and private laboratories. The law could mandate the collection and retention of DNA from people arrested as a result of domestic violence, identity theft or police misconduct, or those jailed in connection with political protests but not charged, ACLU officials said. The ACLU said about one-third of those arrested for felony offenses in California are never convicted of any crime. Opponents, including the National Black Police Association and the state Democratic Party, also objected to the cost of processing new samples, estimated at $100 million each year. [more] and [more]