Law Expanding SC's DNA Database Was Never Funded

You can add crime prevention to the list of things hurt by the economic recession.

South Carolina passed a law in 2008 that would require police to collect DNA samples from everyone charged with a felony. Before that law, the state didn't collect DNA samples until someone was convicted.

But the law hasn't been implemented because the legislature didn't provide the money for it.

At the time the law was passed, the State Law Enforcement Division estimated it would cost several million dollars to implement. But now, because of advances in technology and the fact that several other states have implemented similar laws, making it easier to estimate the cost, SLED says it would cost about $950,000 the first year and about $750,000 every year after that.

That's based on an estimate of 18,000 additional DNA samples being collected every year. If there were a lot more than that, the cost would increase. The money would go to hire one additional lab tech and one DNA analyst, as well as renovations to make room at SLED to store all the additional samples.

Collecting DNA at the time of felony arrests would greatly expand the state's database, as well as the national database. The bigger the database, the more likely investigators can find the criminals that committed unsolved cases.

Victims' advocate Laura Hudson says, "There are very few times we get to pass legislation that actually prevents crime. You know, we're usually chasing after it, going behind, trying to play catch-up, knowing there's going to be another crime victim. If we have technology available to us that would actually enable us to prevent something, wow! That'd be super information for every citizen, but especially for crime victims."

The State Law Enforcement Division is not breaking this law by not implementing it. The law states that it takes effect on January 1, 2009. "However, the implementation of the procedures provided for in this SECTION is contingent upon the State Law Enforcement Division's receipt of funds necessary to implement these provisions," it goes on to say.

The federal government already takes DNA samples upon felony arrests, and 26 states have the law, including North and South Carolina, but not Georgia.

There have been legal challenges by those who think taking a DNA sample from someone who has only been arrested, but not convicted, of a crime is a violation of their Fourth Amendment right against unreasonable search and seizure. But courts have ruled that a DNA sample is no more unreasonable than taking a fingerprint and have upheld the laws.

Besides catching more criminals, the law is also designed to free people who are wrongly convicted of crimes, by allowing them to apply to have their DNA tested against any biological evidence in their cases.