DNA Testing Laws and Regulations-ARS-13-1610
In a recent article by Josh Kolsrud titled “DNA Testing Laws and Regulations-ARS-13-1610,” the author brings attention to the DNA laws and regulations in Arizona, specifically focusing on the implications it has on criminal cases. The article provides information and answers to common questions regarding the legality and use of DNA evidence in criminal investigations.
The article starts by explaining that DNA testing in criminal cases in Arizona is governed by Arizona Revised Statute ARS-13-610. This law requires the collection of DNA samples from individuals arrested for felony offenses or certain misdemeanor offenses. The author highlights the significance of DNA evidence in court, stating that approximately 80% of cases that involve DNA evidence result in a conviction, emphasizing the potential long-lasting effects on an individual’s personal and professional life.
DNA Testing Without Consent
One of the main concerns raised by the article is whether police can use DNA without an individual’s consent. The author clarifies that in Arizona, law enforcement authorities have the right to collect DNA without explicit consent if the individual is arrested for specific crimes outlined in ARS-13-610. However, the author points out that if the arrest is unlawful or standard protocols are not followed, the DNA evidence may be challenged and deemed inadmissible.
Another important aspect discussed in the article is the access of law enforcement to DNA databases. While Arizona law enforcement agencies have the ability to access state and federal DNA databases for investigative purposes, the article acknowledges that accessing private DNA testing databases, such as 23andMe or Ancestry.com, is more complicated. The author states that these companies generally have privacy policies in place to protect user data, but in certain cases where law enforcement obtains a court order or warrant, they may be able to gain access to such information.
Penalty for Refusing DNA Testing
Additionally, the article addresses the consequences of refusing to give DNA. According to Arizona Revised Statute ARS-13-610, failure to provide a DNA sample upon arrest for specified crimes can result in an additional Class 5 felony charge. The author emphasizes that refusing a DNA sample can complicate an existing case and may be presented in court as evidence of non-cooperation or consciousness of guilt.
Lastly, the article introduces the concept of familial DNA, explaining that it is a specialized forensic analysis used to identify potential relatives of an unknown DNA contributor. Although ARS-13-610 does not specifically address familial DNA, the article mentions that Arizona’s Department of Public Safety uses this technique as a last-resort investigative tool in violent crimes and crimes against persons when public safety is a concern.
This article by Josh Kolsrud provides a comprehensive overview of the DNA laws and regulations in Arizona, addressing common questions and concerns regarding DNA testing in criminal cases. The author emphasizes the importance of having an expert criminal defense attorney to understand the rules, defend an individual’s rights, and question the evidence against them. By shedding light on these crucial aspects, the article raises awareness and encourages individuals to seek legal assistance when facing charges involving DNA evidence.
Opinion
The original article accurately referenced the facts outlined in Arizona Revised Statute ARS-13-610 regarding DNA testing. The article correctly highlighted the requirements and procedures for collecting DNA samples from individuals who have been convicted, sentenced, or placed on probation for certain offenses. It also correctly mentioned the role of law enforcement agencies, such as the state department of corrections, county detention facilities, and county probation departments, in securing and transmitting DNA samples to the department of public safety for analysis.
The article accurately explained the purpose of DNA testing for law enforcement identification purposes and its use in criminal prosecutions, juvenile adjudications, and proceedings under Title 36, Chapter 37. It also correctly stated that DNA samples and profiles can be maintained by the department of public safety for at least thirty-five years.
The article provided accurate information regarding the expungement process for individuals whose convictions or adjudications are overturned on appeal or postconviction relief, as well as the conditions under which a person can petition the superior court to expunge their DNA profile and sample from the Arizona DNA identification system.
Furthermore, the article correctly mentioned the provisions for DNA testing in cases involving arrests and charges for specific offenses, as well as the requirement for individuals to submit DNA samples in such situations.
Overall, the original article effectively presented the facts from Arizona Revised Statute ARS-13-610 regarding DNA testing, providing a clear understanding of the law and its implications in criminal cases.
References
ARS 13-610 DNA Testing
https://www.azleg.gov/ars/13/00610.htm
