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Public defender asks legislature to bar law-enforcement use of newborn-screening DNA in A3004 debate
Summary
Assistant Public Defender Fletcher Duddy told the Assembly Judiciary Committee he supports the health goals of A3004 but seeks narrow amendments to ensure newborn-screening genetic samples cannot be used for law-enforcement investigations without a warrant; the committee released the bill after discussion.
Assemblyman Hutchinson’s A3004—introduced to restrict genetic testing of newborns and to limit crime-victim DNA collection to warrant- or court-ordered processes—was the subject of focused testimony and committee discussion before the panel voted to release the bill.
Assistant Public Defender Fletcher Duddy told the committee he and his office circulated a short letter proposing "very minimal amendments" to make explicit that DNA samples collected under the state newborn-screening program may not be used for law-enforcement purposes. "Our very limited concern is that… the screening program will not be used as some sort of catch-all repository for law enforcement," Duddy said, and recommended clarifying subpart 6 to prevent crossover with subpart 8, which governs warranted collection.
Duddy said instances exist where law enforcement obtained genetic profiles of infants during investigations, though he described them as limited and anecdotal. He emphasized that if law enforcement needs genetic samples they can "apply for a warrant through the normal course" and urged the committee to add language that makes the prohibition explicit.
Sponsor Assemblyman Hutchinson responded that he looks forward to working with the public defender’s office and the attorney general’s office and that the committee would consider the suggested changes prior to the next hearing. After discussion the committee moved and released A3004 for further legislative consideration.
The bill was advanced with no recorded amendments; the public defender said he will follow up with the sponsors to propose the specific verbiage changes he described.
