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  Home Page » News » Herald Denver Bureau

Herald Denver Bureau

by Joe Hanel
Herald Denver Bureau DENVER - A DNA collection bill named for a New Mexico murder victim has passed, but in a weaker form than sponsors had proposed.

Senate Bill 241 - Colorado's version of "Katie's Law" - is now headed to Gov. Bill Ritter for final approval.

Originally, the bill required the collection of a DNA sample for any person arrested for a felony.

But opponents objected on civil-liberties grounds, saying people are innocent until proven guilty. After a compromise struck Wednesday, the bill still requires DNA collection at arrest, but it can be uploaded to a database only after the person is charged with a felony in court.

If a year goes by without a formal charge, the DNA sample must be destroyed.

Currently, DNA samples are taken only from people convicted of a felony.

An opponent of the bill, Sen. Morgan Carroll, D-Aurora, called the changes a minor improvement, but thinks it still violates privacy rights and blurs the line between the accused and convicted.

One of the sponsors, Rep. Steve King, R-Grand Junction, said increased DNA collection will solve "violent crimes against women and children by bad men."

Rep. Scott Tipton, R-Cortez, also sponsored the bill.

To pay for the increased DNA collection, SB 241 puts a $2.50 fee on anyone convicted of any sort of infraction, from a felony down to a traffic offense.

Colorado already has a task force on the use of DNA in the justice system. The bill tells that task force to study Katie's Law and make recommendations on it to the Legislature by next year.

After the changes were made, SB 241 passed the House 52-12 and the Senate 29-6. All of the lawmakers from Southwest Colorado - Tipton, Rep. Ellen Roberts and Sen. Jim Isgar - voted for SB 241.

If Ritter signs it, DNA collection from arrestees will start Sept. 30, 2010.

jhanel@durangoherald.com