Q: As a Felon in Indiana, isn't DN required to have DNA on file? I know we discussed this in the past re another person who wasn't a suspect but was "involved in the investigation" and I remember that the law was changed recently in IN. I do not remember the details/ dates.
DN had a Felony F6, 9/27/17 Failure To Register Charge.
Also an F6, 12/14/15, Domestic Battery (270 days sentence)
I believe the DNA requirement for Felony was effective before his 2015 case.
Is DNA required only upon conviction or at time of charge?
Does anyone remember?
TIA
Unless I read this article wrong at least they took his DNA as soon as he was arrested in CO. He was charged with a felony (access to a weapon.)
Aren't RSO's DNA already on file? Also isn't DNA swab taken on arrest anyway?
So from the link "Morrissey cheered the U.S. Supreme Courts decision on Monday to uphold a Maryland law that allows police to routinely take DNA from people they arrest without first seeking a warrant.
The courts ruling affirms a similar Colorado law requiring DNA testing for felony suspects that Morrissey said has helped solve hundreds of cases since it took effect in September 2010. Police in 28 states can take DNA swabs after arrests Colorado officers can analyze the sample only after a suspect has been charged with a felony " <read more>
We keep asking these questions don't we? I think it only became law in Indiana in July '17 for swabs to be taken on arrest. Previously it was only taken on conviction of a felony. Is exposing oneself a felony? DV is a felony surely, so his DNA must be on file for that conviction, at the very least. He hasn't been arrested in Indiana since July has he ? So maybe IN do not have it but should be able to get it from CODIS. Seems to be a confusing subject. :thinking:
BBM;
Yes, exactly right and on point as always SS. Thank you.
It seems that law will take effect in 2018:
"Republican Gov. Eric Holcomb on Friday signed into law Senate Enrolled Act 322 requiring police to take a cheek swab DNA sample from every person arrested for a felony, starting in 2018.
Currently, only individuals convicted of felonies have their DNA records permanently entered into a state police database."
http://www.nwitimes.com/news/local/...cle_c5bb69f0-6d66-5db9-bc2f-3db09d67fccd.html
So it looks this way... "It's complicated" :biggrin:
Frequently Asked Questions on CODIS and NDIS
<snip>
"The National DNA Index System or NDIS is considered one part of CODIS, the national level, containing the DNA profiles contributed by federal, state, and local participating forensic laboratories."
<snip>
" What if a states law on access to the DNA samples and profiles is different from the federal provisions?
If a state has signed the Memorandum of Understanding with the FBI to participate in NDIS, that state has agreed to comply with the Federal DNA Identification Act, including the limited access requirements. To the extent that these access and disclosure provisions of the Federal DNA Act conflict with a states DNA database law, the state has agreed to the provisions of the Federal DNA Act superseding the state law for purposes of NDIS participation. That is, if a state DNA database law permits access to the DNA samples and analyses in the state DNA database for purposes not contained in the Federal DNA Act (i.e., humanitarian purposes), and that state is participating in NDIS, then the state has agreed to comply with the more restrictive federal access provisions."
https://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-ndis-fact-sheet
Sooo..... What I do not know 'yet' is if CO and IN are participating in CODIS/NDIS because if they are then the "5000 billboards in 46 states" would have a huge impact on the ability of all those states to run DNA on a tip in any one state. I realize that has not happened yet but (I know this hurts) It's only been 8 months.
If I am not making sense blame my meds, LOL.
(got a boo boo)
All JMO except for links.