Bill aims to restore DNA collection from criminals

Some California law makers are pushing to have people who are arrested for certain misdemeanor crimes give DNA samples to police.

When voters passed Proposition 47 last November, it changed how law enforcement collects DNA from people they arrest.

“Prop 47 made a whole stack of crimes, non-serious, non-violent crimes, theft type crimes, drug possession type crimes, that were once felonies, into misdemeanors,” said local defense attorney David Greenberg.

“Penal code section 296 is the section that allows for and mandates the receipt of DNA samples of convicted felons. That number has now shrunk,” said Greenberg.

Assembly Bill 390 aims to make a change to Prop 47. It would allow police to collect DNA samples from those convicted of misdemeanors like drug possession and petty theft.

“I think it’s a slippery slope because if you keep getting parking tickets then you get too many parking tickets, you can go to jail, and they’re gonna get your DNA for that,” said Polly Trischitta of Palm Desert.

“If you’re planning on living a safe life I don’t think I would mind, but if you’re thinking of doing something wrong, maybe you’re gonna be concerned about it,” said Norma Macias of Palm Desert.

The Palm Springs Police Department says not much has changed since Prop 47 passed.

“In the short time since prop 47 passed, we have not noticed any impact in the process by which we submit DNA samples and receive results,” said Harvey Reed with PSPD.

For years, the American Civil Liberties Union warned about genetic privacy when it comes to people suspected of committing a crime. The ACLU said in a statement about a similar Supreme Court decision in 2013 “a single police officer’s decision to arrest a person for a minor offense should not justify this intrusion into genetic privacy.”

Prop 47 passed with 58 percent of the vote.