TALLAHASSEE — Anyone arrested as a felony suspect in Florida - even if they never are charged with an offense - will have their most intimate information included in a statewide database within 10 years.

Gov. Charlie Crist signed a law today that will vastly expand the state's DNA database, which now includes data collected from individuals who are convicted of felonies.

Critics of the measure believe the "Big Brother" procedure could violate the U.S. Constitution's protections against unreasonable searches and seizures and is a privacy concern.

Under the new law, which will gradually go into effect over the next decade, juveniles arrested also will be required to submit their DNA for inclusion in the database.

Because of cost worries, the expansion of the database will take place gradually. It will begin in 18 months with taking DNA samples of anyone arrested on suspicion of murder, assault, sexual battery and lewd and lascivious acts.

By 2019, all people arrested in connection with a felony will have to give up their DNA.

The Florida Department of Law Enforcement, which collects and maintains the DNA database, will be able to use the data only to solve crimes or identify bodies. It will be barred from using the samples to identify genetic disorders or diseases.

Anyone wanting to get their DNA information removed from the database would have to show that a conviction had been overturned or that charges against them were dismissed.

Currently, judges can order DNA samples from criminal suspects, and the state has more than half a million samples in its database.

The shift is an overstep of government, objected Howard Simon, executive director of the American Civil Liberties Union of Florida. At a minimum, he argued, DNA samples should be destroyed once someone is found not guilty or charges are dismissed.

"Unfortunately, the legislature rejected this proposal and in so doing converted a DNA database into a tool for surveillance rather than one for investigating crime," Simon said.

Thirteen other states and the federal government have similar laws.

A federal judge recently upheld the federal law, but state courts have disagreed on whether the law violates the constitutional right to reasonable searches.

The Virginia Supreme Court ruled that taking DNA from an arrestee is "no different in character than acquiring fingerprints upon arrest."

But a Minnesota appellate court found the opposite. The court ruled that that state's DNA law was unconstitutional because a person who is merely charged with a crime has a greater expectation of privacy than someone who has been convicted.

Law enforcement officials overseas have come under criticism for the practice. In London, police admitted to arresting juveniles solely so their DNA can be logged into the database in case they commit a crime.

Crist doesn't see a problem with the measure (SB 2276).

"I think it'll be all right or I wouldn't have signed the bill," he said. "I think that we need to protect first and make sure that our people are safe. I think that this legislation will help us to do that even better."

this from Crist who will not fulfill his duties as Governor of the state of Florida, but concentrate on running for another office.

I see so many lawsuits heading the states way, as I find this a direct and unnecessary invasion of privacy. We are innocent until proven guilty, least that's the way it's said on tv, maybe I'm wrong.

When I was in the Navy they had every person in the Armed Forces give DNA samples.

but you joined voluntarily right? your choice? your decision?

..altho i would have to agree that this is a violation of one's rights but they will pass a law so that it isnt...just like taking a breathalyzer or giving a urine sample is another form of self incrimination ..laws were passed ....

Yes I did join volutarily. Unfortunately giving my DNA sample was not part of the orginal deal.

This is getting scary!

This type of crap just makes me want the government to just put a flipping barcode on my rear, they can scan my a$$ at will WTF!!!!!

tomb-you are correct these laws are continuously made to lessen our own personal rights - talk about cya - then betcha they tax it so we pay for it!!!!!!!

Sam - but you still allowed/submitted your DNA voluntarily.

Can I apply your barcode?
DNA submission was MANDATORY not voluntary. Lots of people tried to fight it, but lost. They deemed it necessary for body identification. As if my dental records,fingerprints and everything else they had on me wasn't enough.

Sam it was a condition that you could have either accepted or denied - your service was your decision.

Imagine being picked up by a police officer, regardless of what charge and if you are ever charged they now have your DNA on file to use at will.

See London even admitted picking up kids just to get their DNA.

WTF!!!!!

Although I see the point about using the information for surveillance being too personal, I know as a citizen, I would appreciate that any felon would have to give over DNA. And they voluntarily committed a felony. As long as the general public knows what they are in for, they will have to deal with the consequences. Just like the knowledge that should they be stopped for DUI they will go through a test for intoxication, a felon should realize his DNA will be culled. People have a record for the number of DUI's and old infractions can be brought forward.

Fran, we're already pretty much barcoded. It is "1984" already. All of the cameras everywhere anymore, grocery stores with "discount" cards, (yes, voluntary, since you want a good price), x-rays at the airports, emails and IM's being tagged for certain words, etc. It is very scary. And it's scary how many nefarious, amoral people roam the planet trying to only cause harm.

It is all very disconcerting. Because, as we know, those in power can also be corrupt and abusive.

I'm not liking it. But I can see why they would want the DNA. I don't think it is right to give permission to tail someone.

Lots of pros and cons to this. Like, this would be an excellent thing should a child predator or rapist be released back into the world.

they did this to me when i was 18 just so they could get finger prints


nothing new just an on going govt abuse of power

i would not doubt that they are taking dna at birth soon if not already in places

(better start smoking a lot of pot while in the garage w/engine running)

http://mingle2.com/topic/show/229655




how many are gonna say if ya aint doing nothing why would you care ignorance is bliss i guess

reminded me of the Minority Report, where the govt knew ahead of time who was going to commit a crime and the person would get arrested before any crimes were committed.

This has been going on in some states for a long time. I read about the MN issue last year.

Here are a couple of articles about this issue that do not include the pre-requisite of being a criminal or joining the military.

I do not know how to post the links here so you will have to copy and paste, my apologies.

FIRST ARTICLE:

http://www.infowars.com/bush-signs-bill-to-take-all-newborns-dna/

Bush Signs Bill To Take All Newborns’ DNA

Steve Watson
Infowars.net
Friday, May 2, 2008

President Bush last week signed into law a bill which will see the federal government begin to screen the DNA of all newborn babies in the U.S. within six months, a move critics have described as the first step towards the establishment of a national DNA database.

Described as a "national contingency plan" the justification for the new law S. 1858, known as The Newborn Screening Saves Lives Act of 2007, is that it represents preparation for any sort of "public health emergency."

The bill states that the federal government should "continue to carry out, coordinate, and expand research in newborn screening" and "maintain a central clearinghouse of current information on newborn screening… ensuring that the clearinghouse is available on the Internet and is updated at least quarterly".

Sections of the bill also make it clear that DNA may be used in genetic experiments and tests.

Read the full bill here.


SECOND ARTICLE: (I did not copy the entire article)

http://www.sodahead.com/question/339473/minnesota-accused-of-depriving-newborns-of-lawful-privacy-rights-will-they-not-stop-at-anything/


Minnesota accused of depriving newborns 'of lawful privacy rights' Will they not stop at anything??
Nine families have filed a lawsuit against Minnesota's health department over its practice of collecting DNA from newborns and then keeping and using the private information. The announcement wa... Nine families have filed a lawsuit against Minnesota's health department over its practice of collecting DNA from newborns and then keeping and using the private information.

The announcement was made by the Citizens' Council on Health Care, which said the department has been violating the state's 2006 genetic privacy law by collecting, storing, using and disseminating blood samples and DNA information.

Agency spokesman John Stine said the lawsuit was being reviewed, but he confirmed the department takes the blood samples from about 70,000 infants annually, and unless the parents specifically choose to opt out of the program, their children's DNA is saved.

He said the agency relies on "clinicians" to let parents know of the requirement that they choose to opt out of the program and only provides that information to parents through a website and if they call and ask.

The case alleges "as of December 31, 2008, Defendant Minnesota Department of Health had stored 819,282 dried blood spot baby samples; had stored 1,567,133 records of the results of newborn genetic screening; and had used 52,519 dried blood spot samples for research."
"None of these activities is authorized in law, and all of them violate the Minnesota genetic privacy law," said Twila Brase, president of CCHC.

"Parents and newborn citizens have been deprived of their lawful privacy and DNA property rights. No government agency is above the law," Brase continued. "On behalf of the babies whose rights have already been violated, and on behalf of the 200 babies born each day whose rights will soon be violated, Citizens' Council on Health Care stands in support."
The case was prepared and filed by the Farrish Johnson Law Office of Mankato on behalf of parents Alan and Keri Bearder, Matthew and Stacy Brzica, Ryan and Gabrielle Hagelstrom, Wade and Julie Halvorson, Adam and Andrea Kish-Bailey, Jennifer Nelson, David and Shay Rohde, Anthony and Tracy VanDemark and Brook and Amy VanderLeest.

"Plaintiffs allege that the Minnesota Department of Health has refused to comply with the written informed consent requirements of the law, and has twice tried to change the law to eliminate the law's consent protections for newborns," the filing states.

Under the auspices of "newborn screening," the case alleges the state has taken blood from babies, tested it and then instead of destroying the samples, retained them without consent.

Further, the state has "shared the blood and genetic information with outside private entities and hospitals," the complaint says.


_______________


This has been done for years in some places and they have the parents sign the forms when the child is born by saying that they are doing some genetic testing. on that form you release your child's blood to the state/government.

I used to have several articles about this on my other computer.

genetic testing - if it helps anyone and they agree to it, I think its great especially if it helps w/diseases, cures, etc.,

My problem is the government thinking they are fit to have my DNA because the want it. Whatever happened to dinner and movie first!!!!!!!!!!!


This is barred from being used for genetic purposes





Thanks for the articles

oh, I agree to the genetic testing. It may be helpful to find patterns and to help someone perhaps...

however, with the permission to get the blood sample for the testing, they also get the DNA samples.

I wish I could find the article that I had before as it stated that the capture and retention of the DNA of babies born within the last 15 years has been entered into a data base.

The part that I am against in the collection even for the genetic testing is that you have to OPT OUT, other wise you give permission. I think it should be the other way around.

Either way, the collection of blood and DNA has been going on for some time now and there was no criminal activity involved. and THAT is what has been going on and will continue the way things look...

you will be lucky to get a kiss on the cheek...much less, dinner and a movie!!

a kiss will definitely give them my DNA - so no kissing here

yes, that it will!!


This is more from the first article I posted:

"Soon, under this bill, the DNA of all citizens will be housed in government genomic biobanks and considered governmental property for government research," Brase writes. "The DNA taken at birth from every citizen is essentially owned by the government, and every citizen becomes a potential subject of government-sponsored genetic research."

"The public is clueless. S. 1858 imposes a federal agenda of DNA databanking and population-wide genetic research. It does not require consent and there are no requirements to fully inform parents about the warehousing of their child’s DNA for the purpose of genetic research."

In a previous report we outlined the consequences of the already existing DNA warehousing operation in Minnesota, a program that the Citizens’ Council on Health Care has been following closely for a number of years.

Ms. Brase explained in a statement last month that state Health Department officials are now seeking exemption for the so called "DNA Warehouse" from Minnesota privacy law. This would enable state officials to continue to take the DNA of newborn infants without consent, which would also set the precedent for nationwide policy on DNA screening.

DNA of newborns has already been harvested, tested, stored and experimented with nationwide.

The National Conference of State Legislatures lists for all 50 states, as well as the District of Columbia, the various statutes or regulatory provisions under which newborns’ DNA is already being collected.

In addition, all 50 states are now routinely providing these results to the Department of Homeland Security.


this has been going on for a long time...not only does the government take your DNA at birth, they OWN it! and they can do what they want with it the way it looks!

If you have ever given blood at the Drs office or hospital....then it is potentially out there...so what?

There may be someday,one of us on the back side of this pc will wish that a dna could be found to help solve that crime to our loved one. There are many unsolved crimes due to lack of dna. Until a match comes along it could stay in limbo for years and years. Most likely one of those ...be it felon or just an arrest....could show up as a suspect due to the dna being taken.

Just because a person has a felony does'nt mean they should be the only ones giving it...but...many felons are indeed worthy of a sample. There are felons out there who are not bad people...circumstance is key.

With every baby born there is that possibility to have dna. They take blood always.

Everytime you pee, sneeze, drink something,smoke a cig or cigar or even a joint (throw it on the ground),spit on the sidewalk....you leave dna. If you are so scared of it being out there..may I suggest that you do those things privately? Then burn it. Oh, and never have blood taken ever, for any reason. That leaves marriage in limbo....blood there too, and if you have a desease...then it is now in a data base somewhere.

I dont have a problem with it myself. I have no reason to worry. Unless of course we find out dna is not a true and conclusive result.

Kat

You should be worried, you are relying on the honesty of another person - yes that bothers me a whole hella of a lot.

As for keeping my DNA for just in case purposes - not for me - for that give me a key just in case I get a lock.

A person is supposedly innocent of all charges until proven guilty, but wait a minute I got this wrong too, just in case.

HMMM unless of course we find out the DNA is not true, now who would be privy to this information? hmmm who can we trust?

Read the article Kat -

I know....I was about to post that unless we find dna is a farse...and in that case all hell will break loose. Because look at all the paternity tests being relied on with it, not to mention all the people getting out of prison due to dna coming forth. And all the one going to prison because we rely on it for a conviction.

When are we ever presumed innocent until proven guilty??? Not in my lifetime. I am one of those. I was presumed guily from the first day until now. When the law has it out to get someone you are on your own to find finance and a mean ass lawyer that will take payments...when the money runs out...well, you just have to take what you can get. Be damned innocence OR guilt.

Look, I already know these things are nothing...the gov already has our lives in their hands. We are all over the net leaving behind info and thoughts to be found with a stroke. They have everything we have. They want to know something? Just one click away. They can find out everything you like, do or think. You put info out there every single day when you post on the net. It is soooo findable.

I'm just saying you really have no secrets anymore. Not since the internet. A good government tool. And we fell for it hook line and sinker.

Every time we use our debit or credit cards you are being traced.

Kat