| Recent
advances in DNA technology will give Connecticut law enforcement
personnel a powerful new tool as they try to solve old crimes.
As a result
of legislation passed this year, all persons convicted of
felonies, or found not guilty because of a mental disease
or defect, will be required to have their mouths swabbed
to provide the state with a sample of their DNA. The state
will then try to match that DNA with DNA that has been found
at the scene of many unsolved crimes over the years. Previously,
DNA samples were taken only from individuals convicted of
capital crimes and sex crimes. The law we passed this year
extends that requirement to apply to all who are convicted
of felonies.
The DNA collected
from convicted felons will be included in the state Department
of Public Safety’s forensic data bank. Certain safeguards
are built in to the new law. For example, the legislation
we passed establishes a DNA Oversight Panel to assure the
integrity of the data bank. Also, the new law includes a
provision for allowing incarcerated offenders to secure
court orders for DNA testing in an attempt to prove their
innocence. The new law specifies how long the police must
preserve biological evidence. And, the new law creates an
advisory commission to review wrongful convictions and recommend
reforms to lessen the likelihood of recurrences.
Connecticut Chief
State’s Attorney Christopher Morano made a compelling
case for passing this legislation during a public hearing
before the General Assembly’s Judiciary Committee
earlier this year.
“This is
what forensic use of DNA technology is all about, achieving
justice. It is technology that allows us to get to the truth,
to make better identifications with a degree of accuracy
never before considered imaginable,” said Chief State’s
Attorney Morano in discussing some details of a previously
unsolved murder case in which DNA technology was used to
exonerate one individual for whom an arrest warrant had
been requested, and denied by a judge, and to identify the
person who was ultimately arrested.
(more)
New DNA Testing Law To Help With Unsolved Crimes
By Senator Andrew W. Roraback
August 2003
Page 2
Understandably,
there is some concern about the potential for using DNA
technology to find out personal information that many, if
not most, people would prefer to keep private. During the
public hearing, the chief state’s attorney was very
reassuring on that issue. He noted that some scientists
refer to the DNA samples collected for law enforcement purposes
as “junk DNA” that can be used for identification
but that, for now at least, cannot be used to determine
an individual’s medical history.
Chief
State’s Attorney Morano also noted that many other
states have been using DNA technology to much greater degree
than it has been used in Connecticut – and he told
the legislature’s Judiciary Committee that those states
resolve a far greater percentage of cases that might otherwise
be considered unsolvable.
As always,
I am very interested in learning your thoughts on this new
law, and issues that affect our state. So, please, keep
sending me e-mails, calling my office and, and writing me
letters expressing your ideas and asking questions. I welcome
your input. I can be reached toll-free at my office in Hartford
at 1-800-842-1421, or by e-mail at Andrew.Roraback@cga.ct.gov.
Senator Andrew Roraback represents the 30th Senatorial District,
which includes the communities of Brookfield, Canaan, Cornwall,
Goshen, Kent, Litchfield, Morris, New Milford, North Canaan,
Salisbury, Sharon, Warren, Washington, Winsted and part
of Torrington.
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