March 1, 2012 by WCMC
When a person is found guilty of a felony or is in jail for a felony, they are required to submit “biological specimens…for DNA analysis.” The other cases where it’s required are as follows: “a juvenile who has been adjudicated delinquent for certain offenses; a person is “found guilty of fourth-degree sexual assault, lewd and lascivious behavior, or exposing genitals to a child for sexual gratification; a person who has been found not guilty by reason of mental disease or defect for certain sexual assaults; a person who has been found to be a sexually violent person; and a person who is required by a court to provide a biological specimen.”
There is now a bill before the legislature to change this process. Instead of giving a sample when found guilty, when a person is arrested for a “felony or for fourth-degree sexual assault, lewd and lascivious behavior, failure to submit a required biological specimen, or exposing genitals to a child for sexual gratification and from each juvenile taken into custody for certain sexual assault offenses,” law enforcement must take a DNA sample from them.
In her testimony, Senator Sheila Harsdorf (R-River Falls) tells the story of a man who was almost arrested for a crime he didn’t commit, but DNA testing kept him out of prison because it proved he didn’t do it. The difference between this story and many others is this man was a convicted felon and they already had his DNA. If a person is wrongly accused, a “biological specimen” would still have to be collected.
However, the person whose DNA profile is taken, if they are found not guilty, can request to have their information removed.