DNA Legislation

DNA Legislation

Purpose:

DNA evidence is a tool used for convicting the guilty and exonerating the innocent. The goal is to implement a clear framework for the utilization of DNA to improve justice and public safety in San Andreas. This also ensures the collection, use and storage of DNA complies with constitutional rights.

Constitutional Justification

This legislation supports the Right to Protection by providing law enforcement with the tools necessary to solve crimes. It also respects the Right to Privacy by implementing guidelines for the collection, use, and disposal of DNA.

Details:

1. Law Enforcement may collect DNA from individuals arrested for violent felony crimes, without a warrant.
2. Law enforcement may request a warrant for collection of a suspect’s DNA from the Department of Justice if law enforcement has probable cause that an individual has committed crimes, and law enforcement has a reasonable belief that the collection of DNA is necessary to prove the offenses committed. The warrant must contain a statement of probable cause sufficient to support the warrant. DNA authorized for this use must be discarded if it does not result in a conviction for the corresponding charges alleged.
3. An individual must be notified that their DNA is being collected during collection.
4. DNA will not be used to convict an individual of crimes if the statute of limitations has passed. DNA may not be collected upon probable cause of crimes for which the statute of limitations has elapsed. 
5. DNA may be used to convict or exonerate a person. 
6. If police have probable cause to take someone’s DNA based on EITHER DNA Collection #1 or #2 (see above), and the suspect refuses physically to comply with the swab, then officers may hold the person until they comply. If the person still does not comply despite the hold, officers may seek court sanctions (contempt – more time/fine) AND/OR a court order to secure the DNA Swab REGARDLESS of the suspect’s consent. This need not manifest in a formal court order signed and documented. A judge’s direction to collect the DNA may be recorded contemporaneously in notes (MDT profile, etc.) and executed by the officers at the time. 
7. All Law Enforcement Employees will submit a DNA Sample upon being hired.

DNA Storage and Removal 

1. DNA will be stored in a law enforcement database once it is collected from an individual. 
2. DNA will be removed from the law enforcement database if it is determined in a Court of Law that the DNA sample was obtained illegally, in contravention of these guidelines, or the Department of Justice deems that the DNA collection was unconstitutional. DNA will be removed from the database if the individual is exonerated of the underlying offense. 
3. DNA will not be used to convict or exonerate an individual if the statute of limitations on the alleged offense has elapsed. 
4. Officers MUST include in the arrest report, in the investigative report, or as a separate notation on the individual’s criminal profile that a DNA sample was collected and placed in the database. Proper documentation should include the date on which the DNA was collected and the officer who collected the DNA.
5. DNA is proper evidence and may be used in the courts of San Andreas.
6. Law Enforcement Officers leaving the Department without a Violent Felony may request to have their DNA sample removed from the database.

Implementation:

Effective Immediately

Signature:

𝕵𝖚𝖘𝖙𝖎𝖈𝖊 𝕵𝖔𝖍𝖓 𝕭𝖆𝖎𝖑𝖊𝖞, 𝖘𝖎𝖌𝖓𝖊𝖉 07/10/2024