Attorney general's office seeks to let correctional officers collect DNA swabs for state database

The attorney general’s office asked the House Judiciary Committee on May 20 to amend the state DNA statute to allow correctional officers to collect DNA samples for the state and national databases.

Jennifer Penner, crime laboratory director, testified that House Bill 1044 would amend Section 31-13-4 of the North Dakota Century Code to add correctional officers to the list of qualified collectors. Penner said most samples submitted to the crime lab are collected at correctional facilities during arrest and booking; adding correctional officers as qualified collectors would simplify and speed sample collection.

Penner told the committee the laboratory supplies collection kits with written instructions and personal protective equipment, and facilities train staff to use the kits. She said the labs also provide training on request. The bill originally referred to “certified correctional officer,” but Penner and agency counsel recommended removing the word “certified” because certification processes vary; an amendment omitting “certified” was distributed during the hearing.

Committee members asked whether the change would increase testing; Penner said it would not change the number of samples or testing but would reduce missed samples when a licensed peace officer is not available. Penner said the state crime lab had a backlog of about 500 samples waiting to be entered into the database at the time of testimony.

Committee members also asked about who is eligible for collection. Penner said the law requires collection for individuals convicted of felonies and that a law passed previously authorized collection from felony arrestees; samples are lawfully owed for felony arrestees and convicted felons.

No written opposition was presented at the hearing. The committee closed the hearing on House Bill 1044 without a recorded vote.