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| Iowa Court Upholds Law Requiring DNA Profiling |
| By Quad City Times |
| Published: 07/28/2003 |
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The Iowa Supreme Court has upheld a 1999 state law requiring people convicted of certain felony offenses to submit a blood sample to the state for DNA profiling, rejecting the argument of four prisoners that the tests violated their constitutional rights. The suit was filed in December 2000 by Benjamin E. Schreiber, Gentric Hicks, Bobby Smith and Archie Bear, who at the time were prisoners at the Iowa State Penitentiary, Fort Madison. They claimed, in part, that the law was unconstitutional because they had not been sentenced to have their DNA taken. The law was approved after they were sentenced, according to court documents. The court rejected the argument in a ruling Wednesday, saying the law does not punish offenders after the fact but serves as a deterrent against future crimes. The DNA, a unique identifying feature found in the body, is sent to the Department of Public Safety where it is kept in a database for law enforcement. Like fingerprints found at crime scenes, DNA is used to identify suspects. Attorney General Tom Miller said he is pleased with the ruling. 'This is a very important law enforcement tool that uses the amazing powers of DNA technology,' he said. 'DNA profiling helps solve crimes, and it can exonerate someone who is falsely accused.' At the time, the law required offenders to submit to a blood test if they had been convicted of murder, attempted murder, kidnapping, sexual abuse, assault with intent to commit sexual abuse, assault while participating in a felony or first-degree burglary. The Legislature expanded the law in 2002 to require the tests of all convicted felons, contingent on federal funding to cover the costs. The federal money has not been sufficient, however, and so far the program has not been expanded, said Fred Scaletta, a spokesman for the Department of Corrections. The court did not consider several other issues raised by the prisoners, noting that they did not argue the issues in their brief. Schreiber had represented himself and his fellow prisoners in the case. |
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