[ACLU-NM] Legislative Action Alert: When you call today about DNA upon Arrest

[Communications]

Senator Mary Kay Papen also has a bill (SB 216) regarding the expansion
of taking DNA.  We oppose both her and Representative Heaton's bills.
                                       
So calling the Roundhouse  @  1.505.986.4300   is a "two-fer"  for your
Representative and Senator regarding  Senate Bill 216 and House Bill
130,  expanding the taking of DNA to people arrested for felonies .
 
HB 130 is currently in the House Judiciary Committee;  Representative
Joseph Cervantes is the Chairman of this committee.
 
We are very concerned about these two bills for many reasons:
 
                    1.  New Mexico law already provides for taking DNA
upon conviction of a felony.  Taking it upon arrest takes away the
presumption of innocence.  
 
                    2.  Taking DNA is not like taking a fingerprint.
DNA includes much more information, including private genetic
information.  While proponents of this bill believe this genetic
information will not be accessible or used, there is no guarantee that
the law, if passed, would not be abused later.   Social security numbers
are an example of this kind of abuse.
 
                    3.  We are  not equipped or funded to process the
DNA taken now upon conviction -- nor are we able to keep up with the
background checks currently required of all childcare workers and
teachers.  This bill does not provide funding for its proposed mandates.

 
                    4.  Other states with laws concerning taking DNA
upon conviction have rejected expanding DNA collection efforts to those
who are arrested.  
 
                    5.   ACLU-NM believes this bill, if passed into law,
would be immediately challenged in court and overturned on the basis of
our state constitution.
 
                        
             Please call your state representative and senator today
regarding HB 130  and SB 216 
 
                        
 
  
Joyce Briscoe
Legislative Advocate
ACLU of New Mexico
PO Box 566
Albuquerque, NM 87103
go to our website at www.aclu-nm.org <http://www.aclu-nm.org/> 
 
 
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