In a vote of 92-23, the NC House of Representatives passed HB 1403 Collect DNA Sample on Arrest this afternoon. The bill creates an end-run around the Fourth Amendment, allowing law enforcement to take DNA without a warrant from anyone arrested for certain felonies and misdemeanors. Despite compelling comments about the privacy concerns raised and concerns that the state cannot pay the tab for the proposal, it passed overwhelmingly. Comments on the floor were varied with Representative Haire (D-119) facetiously suggesting that if you take the Attorney General's statement on the bill to it's natural conclusion, the proposal should be expanded to take DNA from everyone because somebody somewhere may have committed a crime. Representatives Kelly Alexander (D-107) and Womble (D-71) suggested that we are surrendering personal freedom in favor of a promise that safety may be improved. Others said that the legislature was making a great "to do" over nothing. Representative Sutton (D-47) said he couldn't see the difference between DNA and fingerprinting - apparently oblivious not only to the obvious invasion of bodily integrity that it takes to collect DNA, but also undervaluing the information contained within a DNA sample. In fact, Representative Sutton stated, "If I had my way, we'd take DNA at birth." It is troubling indeed that so few of North Carolina's legislators were willing to stand up for the integrity of the Constitution today.

HB 1403 will be back on the House floor for it's third and final vote tomorrow, July 7th, at 2 pm. Contact your Representative and ask him or her to oppose HB 1403 Collect DNA Sample on Arrest or say thanks for their vote today!