In 2010, Colorado passed a law requiring any adult arrested for felony charges to submit a saliva sample. This DNA sample is stored in a national database and is run for possible matches with unsolved crimes and held for future changes. Now, lawmakers want to be even more intrusive and require this of anyone convicted of certain misdemeanor crimes as well. Proponents of the bill think this makes sense because those convicted of a felony usually start out with lower level crimes – basically claiming everyone who has been convicted of a crime is a career criminal.
How Will the DNA House Bill 1312 Affect Those Convicted of Misdemeanors in Larimer County?
Currently, the only misdemeanor charge that requires a DNA sample is Unlawful Sexual Contact. If House Bill 1312 passes, the following misdemeanor charges would be added:
- Third Degree Assault
- Menacing
- Theft
- Criminal Mischief
- Child Abuse
- Violation of a Protection Order
- Harassment
This means, a person convicted of any of the above charges would be required to provide a saliva sample for DNA sampling and indexing when sentenced to:
- The Department of Corrections – within 35 days and during the intake process
- Grand, Boulder, or Larimer County Jail – within 35 days from when the person is received into custody
- Community Corrections – within 35 days from when the person is received into the facility
- Probation – within 35 days after the offender is placed on probation
- Youthful Offender System (YOS) – within 35 days from when the person is received at the YOS
- Any other sentence – within 35 days from when the person is sentenced
Opponents of this new bill feel it would be an invasion of privacy in Fort Collins, Loveland, and Estes Park. In fact, the Colorado ACLU is concerned about the government’s ability to hold a person’s genetic blueprint, suggesting it might just be easier to chip everyone at birth.
If you or someone you love has been arrested for a misdemeanor charge like Assault or Harassment, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at (970) 658-0007 to schedule a free consultation. Together, we can protect your future.