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Attorney General Wants DNA Of Criminals, Arrestees

ACLU Challenging Similar Law In California

POSTED: 4:41 pm HST February 8, 2005

The Attorney General wants Hawaii to have a law just like California's to require DNA testing of all convicted felons and persons arrested for felonies, even juveniles. The measure is generating a lot of opposition from defense attorneys and civil libertarians.

Hawaii currently requires blood samples of DNA only from sex offenders and killers. The Attorney General wants Hawaii's DNA database expanded using implements to gather saliva samples from the cheeks of thousands of convicted felons and arrestees.

Civil libertarians and defense attorneys say it's wrong to take DNA from people who've been arrested but never charged.

"Persons are innocent unless and until proven guilty. And if we ever give that up, then I worry about where we are going as a country,"

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Forced DNA testing of arrestees, they say violates due process and privacy rights.

"Our greatest fear is... once you allow for the collection of DNA from individuals it really opens up a Pandora's box. Who knows what the information is going to be later used for. We really need to be vigilant about protecting our privacy rights,"

Hawaii's DNA collection law would be patterned after California's new law, which is already the subject of an ACLU lawsuit.

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