A change in state law allows police in Texas to collect DNA evidence upon arrest. The law is named the Krystal Jean Baker Act after a kidnapping/murder victim’s case was unsolved for 14 years. Eventually, the family received justice when a suspect was arrested for an unrelated crime with a DNA match.

Prior to the change, police were required to wait until after a conviction. Now police can swab the cheek of anyone arrested for a felony (murder, rape and assault). While the DNA sample could be used to eliminate suspects, it could also be compared to other crimes in the Combined DNA Index System, or CODIS database.

FOX34 Lubbock

View Fred Stangl’s interview on Fox34 and learn more about DNA privacy and collection.

Concerns for Defendant Rights

Fred Stangl views blood and DNA taken without consent to be a violation of a defendant’s fourth amendment rights. Also of concern is where the DNA samples will be stored and who will have access.

The law does requires deletion of DNA samples from suspects if found innocent or if the case is dismissed. However, an unknown is whether there will be oversight and transparency on this process.