A Virginia House of Delegates bill filed Jan. 8 is moving to expand criminal DNA data banks in Virginia. If passed, the bill — submitted by Virginia House Minority Leader David Toscano, D-Charlottesville, after an effort by Albemarle County Sheriff Chip Harding — would legally require those convicted of any additional 99 Class 1 misdemeanors to submit a DNA sample to the state data bank.
The bill would expand Class 1 misdemeanors to encompass convictions such as trespassing, assault and battery and driving under the influence. Most traffic offenses and misdemeanors committed by juveniles would be exempt from the DNA requirement.
Harding said that when he first floated this idea last year, it did not gain much attention, and that the disappearance of second-year College student Hannah Graham gave his initiative greater impetus.
“[This new requirement] is something that I’ve been interested in seeing happen for quite a few years,” Harding said. “I think the inspiration and what’s finally getting it some traction now is the story of Hannah Graham.”
Under the proposed bill, Jesse Matthew — now charged with abduction of Hannah Graham with intent to defile — would have been required to submit a DNA sample to the state data bank in 2010 following a trespassing conviction.
Other states, such as New York, have expanded the number of crimes that require DNA sample submissions in recent years. A 2006 New York State Assembly decision to require DNA samples from those convicted of petty larceny and other minor crimes has helped turn up forensic evidence in a number of homicides and sexual assault cases. New York Gov. Andrew Cuomo again expanded the data bank in 2012.
Harding said New York’s policy sets a solid example for implementation in Virginia.
“The biggest impact is most rapists are serial offenders,” Harding said. “Virginia is not [currently] taking their DNA.”
In New York, a first-time felon has committed an average of three previous misdemeanors, Harding said. When rapes are classified as misdemeanors instead of felonies, the criminal’s DNA is not entered into the system, compounding the present problem.
DNA samples currently cost about $50 to collect, process and enter into the Virginia state data system, Harding said. Based on arrest data from state police, Harding said if the bill were adopted, it would result in an estimated 40,000 DNA samples to be collected next year. Currently, Virginia collects around 22,000 samples primarily from convicted felons.
Harding said the proposed bill may be met with some opposition within the General Assembly due to widespread skepticism about increasing the government’s presence in law enforcement. He said, however, that there is already legislation in place to safeguard information in the data bank.
“Research shows it’ll save lives,” Harding said.
The bill is expected to appear Jan. 28 in the Virginia House Court of Justice Committee.
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