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Utah House rejects bill to require DNA sampling for Class B domestic-violence assaults

Utah House of Representatives · February 25, 2009
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Summary

The Utah House voted 33-38 against HB314, which would have required DNA collection from people convicted of Class B misdemeanor domestic-violence assault, exempted minors, and required a $100 collection fee; supporters said it aids investigations, opponents cited privacy and scope concerns.

The Utah House on Feb. 25 rejected House Bill 314, a proposal to require that “a DNA specimen shall be obtained from a person convicted of a Class B misdemeanor domestic violence assault,” by a roll-call vote of 33 yes to 38 no.

Sponsor Representative Greenwood told the House the bill would narrow DNA collection to domestic-violence assaults, exempt minors, create a process for requesting destruction of specimens and require an offender to pay a $100 collection fee. Greenwood said the measure would "give another tool for the law enforcement community to use in their investigations," citing research he presented about domestic-violence-related homicides.

Opponents pressed the sponsor on scope and privacy. Representative Harper asked whether the provision went “down the list of offenses on misdemeanors” too far and said he was "really concerned with the erosion of personal rights and freedom." Representative Wimmer questioned whether the statutory language actually limited the provision to domestic-violence assault, noting lines referenced in the bill appeared to cover broader assault offenses until the sponsor pointed to amended language. Representative Falk warned that Class B definitions could include incidents that did not involve touching, and said at that level the measure could be "too burdensome for law enforcement and ... unfair to the defendants."

The House recorded the bill’s final tally after debate; the clerk announced the result as 33 yes and 38 no, and the measure was referred to staff for filing.