Mandatory DNA test for California Felon??? Need help!

[hang a left]

I have a friend who received a felony DUI about 6 years ago. He was recently contacted by a "probation aide" and was told he MUST submit to a DNA test. I was just wondering if anyone has any information about this. Also since his conviction was before this law was enacted is it actually mandatory?


edit: speeling

[MadHound]

1. Tell him to contact a lawyer

Many many states have implemented these sorts of laws, and they vary from state to state. It is another fine invasion of privacy though, and I wouldn't be suprised if sooner or later, every citizen is required to submit a DNA sample.

[Warpy]

2. Funny, in the UK they do DNA "sweeps" of whole neighborhoods

when there's a serial sex criminal out there. Most guys submit willingly, glad to be ruled out for the crime. They don't stick to felons, they check everybody.

It's my understanding that lower courts have upheld the DNA checks of convicted felons. In some states, that means anyone arrested for a felony but not yet convicted, also.

Call the ACLU for the status in your state.

[hang a left]

5. I worry about being someone being falsely accused.

It not like crime labs have never screwed up. Especially when you are handling a lot of new dna samples.

[Warpy]

6. DNA testing costs about $400

the last I heard. Double checking the results isn't that expensive, in other words, and the state can then be sued for the cost of doing it in small claims court.

[-..__...]

7. Has any perpetrator ever been caught by these sweeps?

I've read of a few instances of the DNA sweeps, but wasn't certain how common they are.

From what I also understand, once the innocent were ruled out, their DNA print was still kept on file.

[papau]

3. The law was passed by initiative (Prop 69, passed 11/04) but ACLU was

going to Court - Did they get their injunction? The suit seeks a permanent injunction against DNA extraction and retention from Californians arrested but not convicted and those who have completed probation and parole.


Proposition 69 was passed by California voters on November 2, 2004 and is known as the California DNA Fingerprint, Unsolved Crime and Innocence Protection Act. Before passage of Proposition 69, California law provided for mandatory DNA testing only of individuals who had been convicted of serious and violent felony offenses and the inclusion of their DNA in a statewide database.



THE QUESTION

Should California change current law to expand mandatory collection of DNA retroactively to all convicted felons and some nonfelons and, in 2009, to individuals arrested on both nonviolent and violent felony charges?

BACKGROUND

Upon Enactment of Measure
Adults and juveniles convicted of any felony offense.
Adults and juveniles convicted of any sex offense or arson offense, or an attempt to commit any such offense (not just felonies).
Adults arrested for or charged with felony sex offenses, murder or voluntary manslaughter (or the attempt to commit such offenses).
Additionally, Starting in 2009

Adults arrested for or charged with any felony offense

Creates a New Crime. This measure makes it a felony offense punishable by 2, 3, or 4 years in prison for a person required to submit a sample or print to tamper (or attempt to tamper) with a DNA sample, or thumb or palm print impression.

[hang a left]

4. Thanks

I have now read the entire proposition. It looks like ANYONE ever convicted of a felony in California must submit to it. I also found the ACLU's court filing for an injunction but I can't find anything on whether or not an injuction was issued. I am guessing they were turned down.