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Members of the House judiciary committee debated potential changes to Gov. Martin O'Malley's proposal to collect DNA from all suspects in violent crimes. His administration is offering significant amendments to alleviate resistance from the legislature's black caucus who say the proposal encourages racial profiling.
Some members of the caucus asked House leaders to delay the committee vote to discuss the changes. The request was denied.
"It was a proper, reasonable request," said Del. Jill Carter, a Baltimore City Democrat. "The impact it has on black people is going to be different and more significant that it will be to other people."
The state currently collects DNA samples from those convicted of felonies or child sex abuse. Under the amended proposal, the state will collect samples from those charged with violent crimes and will automatically destroy samples if a suspect is arrested but not indicted. The governor's proposal also adds about 15 crimes including arson, rape and manslaughter.
Committee members indicated they would have passed the bill as O'Malley originally proposed. Several Republican members supported the request to delay a vote until after Monday, when the black caucus is scheduled to meet next.
"I would hope that if my caucus made that request it would be honored," said Minority Whip Christopher Shank, a sponsor of the legislation. "I think we should give the black caucus the ability to work this out."
A final vote was not available by press time.
Not all black lawmakers oppose the bill. Del. Gerron Levi, a Prince George's County Democrat, suggested the delay was a strategy to ultimately kill the proposal before next week's deadline for bills to cross to opposite General Assembly chambers.
"I do not think it's fair to say there is one black side of the equation or another," Levi said "I think it's split at best."
jmalarkey@baltimoreexaminer.com



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10:43 PM MST on Mon., Mar. 17, 2008 re: "DNA bill expected to pass key committee"
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Examiner Reader said:
This issue is not black, white, or grey. It is an American issue.
13 agree | 1 disagree
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Tiger said:
There may not be one black side on this issue. However, there is one legislative black caucus. As a member, Delegate Levi is wrong to demean the position of the caucus in order to shamelssly promote herself and her own seemingly skewed view of the realities and potential impacts of expanding DNA collection in Maryland.
9 agree | 1 disagree
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Examiner Reader said:
O'Malley really reminds me a lot of that other self-righteous, corrupt governor of New York. What's his name, client #9.
10 agree | 1 disagree
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Examiner Reader said:
If a republican tried to push this unconstitutional DNA sampling plan, democrats would be in an uproar. Is there anything democrats in Annapolis won't do for O'Malley? They learned nothing from the scam special session.
10 agree | 1 disagree
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Examiner Reader said:
Taking DNA of innocent people is a bad policy for the state of Maryland. This is just another unconstitutional move by foolish democrats in this state that will cost us more taxpayer dollars while the governor and general assembly defend their actions in court. Taxpayers should go to court to recall the last election.
16 agree | 1 disagree
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Examiner Reader said:
This bill will do nothing but cost us needless money and human dignity. It is anti-American to use an arrest as a basis for forcing DNA from someone that may have done nothing wrong.
15 agree | 1 disagree
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Examiner Reader said:
If the government is going to force innocent people to give DNA samples, they might as well just be honest and admit they want to collect everyone's DNA and place it its database system. This type of legislation goes a long way against America's philosophy of justice and against constitutional privacy protections. Governor O'Malley and legislators that support this are middle fingering the constitution and traditional American principles of justice. For this, they are wrong and, even worse, they are very dangerous.
16 agree | 3 disagree
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Examiner Reader said:
I think this is a wonderful bill that should have been passed years ago. I am not sure why there is any debate about it. The only question I have is why destroy the samples - correct me if I am wrong but they don't get rid of fingerprints just because a suspect is cleared. If you are innocent then what do you have to worry about. Why do we continually protect criminals and then complain about crime. And no I am not saying that every suspect is a criminal but wouldn't you want to be cleared right off the bat rather than have the suspicion effect your family, job and life? With any luck this will help reduce violent crimes, since there is no fear of the death penalty anymore.
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