The ACLU recently filed suit to challenge Proposition 69, which was passed by California voters on November 2, 2004 (known as the California DNA Fingerprint, Unsolved Crime and Innocence Protection Act). Proposition 69 requires collection of DNA samples from all felons, and from adults and juveniles arrested for or charged with specified crimes, and submission to state DNA database. Further, starting in 2009, DNA samples will be collected from adults arrested or charged with any felony.
The initiative was passed by 62% of voting Californians and was strongly advocated by state governmental agencies, Governor Schwarzenegger, Attorney General Lockyer, law enforcement, defense attorneys, and victims’ groups. Proponents argue that Proposition 69 will help solve crime, prevent false imprisonment and stop serial rapists and killers.
With the class action Weber v. Lockyer, the ACLU claims that the new law is unconstitutional and challenges those portions of the initiative that require DNA testing of people who are arrested for but never convicted of a crime.
"DNA is much more than a fingerprint," said ACLU attorney and Director of the Racial Justice Project, Maya Harris. "It opens a genetic window that reveals intimate information about you and your family, including predispositions to Alzheimer’s disease, depression, multiple sclerosis and cancer. Law enforcement should not be allowed to seize that personal, private information when you haven’t even been charged with a crime."
“We are seeking an injunction against the testing, analysis and indefinite storage of DNA from our clients and Californians like them,” added ACLU attorney Julia Harumi Mass. “We are asking the federal court to protect our fundamental rights to be secure from unconstitutional police searches and to privacy in our personal medical and genetic information.”
The Santa Clara University School of Law Criminal Law Society and IPA-Biotech will present a debate and discussion about Proposition 69 and the ACLU suit in its opposition. This will be on Wednesday, February 9th, at Bannan 139 from 12:10 to 1:00. The debate will feature Michael Chamberlain, Deputy Attorney General in the California Attorney General’s Office, and a specialist in DNA database law. He is a member of the team of attorneys defending against the ACLU’s recent challenge to Proposition 69. Santa Clara University’s own Professor Ed Steinman will present the other side of the debate.
The complaint for Weber v. Lockyer can be found here:
http://www.aclunc.org/police/DNA/041207-complaint.pdf
