New state law: ‘You have the right to be swabbed’

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ESCANABA - Local officials are reacting to a law in Michigan taking effect this year requiring DNA testing for those arrested for violent felonies.

Under the new legislation, a person must provide DNA samples upon arrest for a violent felony. Escanaba attorney John M.A. Bergman said DNA testing was previously required only for individuals convicted of a felony, attempted felony or certain misdemeanors.

Bergman said procuring a DNA sample is very simple. An authorized person would take a cotton swab and swipe the inside of a person's mouth, collecting loose cells. A problem could arise if a person were tested upon arrest and later exonerated of any crime, he said.

"My main concern with this new law is if someone is acquitted, would their DNA still be in the system?" Bergman asked. "If they are (tested) and later exonerated of the crime, there is possibly a due process concern there."

Delta County Assistant Prosecutor Jim Soderberg said the DNA testing upon arrest is simply another means of identifying the subject, such as fingerprinting or the use of mugshots.

"I would look at it simply as an expansion of the means of identifying somebody," said Soderberg. "It's really no different than a photograph - this is a biochemical photograph."

Soderberg did say he expects some people may claim the testing is an invasion of privacy, but said those concerns are probably not valid in this circumstance because the tests are limited to use by the criminal justice system.

Gov. Jennifer Granholm signed the legislation amending the Michigan Penal Code and requiring individuals to provide samples for DNA profiling upon arrest for a "violent felony." The new law takes effect in July.

"Protecting citizens and keeping violent offenders off the streets is a top priority," said Granholm in a press release. "This new law will give law enforcement a big advantage in their fight to keep our streets and neighborhoods safe by using technology to identify individuals who are violent offenders."

Granholm said DNA samples will help reduce unsolved crimes and increase public safety by identifying dangerous individuals.

The new law defines "violent felony" to include: felonious assault; first- or second-degree murder; manslaughter; kidnapping; first-, second-, third-, or fourth-degree criminal sexual conduct; assault with intent to commit criminal sexual conduct; robbery; and armed robbery.