Montrose - Daily Press

DENVER — Area legislators hailed Thursday’s passage of Colorado’s version of Katie’s Law  as a means of protecting the public and exonerating the innocent.

“We created legislation that is going to save people’s lives,” Rep. Scott Tipton, R-Cortez said Thursday, just before Gov. Bill Ritter inked Senate Bill 241 into law. “I couldn’t be more pleased or excited to see the bill go through.”

Tipton, with Rep. Steve King, R-Grand Junction and Sen. John Morse, D-Colorado Springs, sponsored the bill, which requires DNA samples from anyone arrested on suspicion of a felony.

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The law is named for Katie Sepich, a 22-year-old New Mexico woman raped and murdered in 2003. Authorities collected her killer’s DNA from her body, but had no match. At the time, they did not know that Gabriel Avilla later arrested for burglary, had also killed Sepich. Avilla skipped bail after his burglary arrest. Only after he was caught and convicted three years later was a DNA sample taken and matched to the Sepich slaying.

Her family had to wait until 2006 for justice — and her mother Jayann then joined the push for new laws requiring anyone arrested on suspicion of a felony to submit DNA samples. There are versions of DNA-collection laws in more than 20 states; some of these predate Katie’s Law.

“I’m so excited and happy,” Jayann Sepich said Thursday. “It’s a wonderful day for the people of Colorado.”

The state will begin developing the systems necessary to collect the DNA in July. Agencies will begin collecting DNA from felony arrestees in September of 2010. Funding comes from an initial $75,000 appropriation for start-up costs and a $2.50 surcharge for felony and misdemeanor convictions, as well as traffic tickets.

The law requires the collection of 13 DNA strands, out of some three billion DNA markers. Tipton said the DNA collected is simply a separator, the width of which is unique to every human being.

He likened the DNA collection to the taking of fingerprints, which does not affect a defendant’s presumption of innocence.

“This is just an identifier. It’s going to exonerate people who are innocent and it’s a tool that will allow us to convict the guilty as well,” Tipton said.

He said law enforcement agencies can’t tell such things as height, eye color, medical history, or even sex from what is collected, and the law also makes provisions for expunging the DNA records of defendants who are either cleared or a felony, or who instead wind up being charged with a misdemeanor.

The bill once required the state to pay $25,000 if records weren’t properly expunged when required, but that provision was eliminated amid concerns about unfairly burdening smaller agencies.

“I really don’t see it as an invasion of privacy, in that if you’re not guilty, the data is destroyed,” State Sen. Jim Isgar, D-Hesperus said. Isgar also supported the bill.

Critics contend collecting DNA upon arrest reverses a person’s constitutional presumption of innocence and puts their privacy at risk before they are convicted. The American Civil Liberties Union objected in 2008 to federal legislation that would’ve created incentives for states to collect DNA samples from arrestees.

According to the Associated Press, Aurora lawmaker Morgan Carroll said the U.S. Supreme Court  ruled in 1989 that people have a reasonable expectation of privacy when it comes to their bodily fluids. Carroll told the AP she believes Katie’s Law could be struck down if it comes before the high court.

“I would call that hair-splitting, given the information we’re getting (from the DNA sample),” Tipton countered, pointing to other legal cases, including a 9th Circuit Court ruling that found such collection was not an infringement on rights.

He also said the use of the DNA collected is so restricted that if a person who is cleared of a felony requests that it be expunged, it cannot be used even if that person is again arrested.

“We wouldn’t have supported it if we felt it was going to be an infringement,” he said.

 

Comments

Not Native wrote on May 29, 2009 6:34 PM:

" Many states have passed this law. Very bad policy! The biggest problem, even when a person is found "not guilty" or has charges dropped, the DNA records are not being destroyed. Why do so many trust the government, state, federal, or other to do what is right. They usually don't. On a side note, seldom do I agree with chickenman, but this time I do! "




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HA wrote on May 29, 2009 12:49 PM:

" Ariel said,

“I don't think that it's so bad it's not like they are saying you will do something in the future…”

Ariel, with respect, that’s EXACTLY what they are saying. Further, not only are they saying you will commit a crime in the future, but that you’ve already committed one in the past. And this is only based on an ARREST. Not a conviction. So with an arrest, the state is saying you’re a lifetime criminal. Kind of destroys that whole “innocent until proven guilty” right we free Americans supposedly have! "




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Ariel wrote on May 29, 2009 12:11 PM:

" I think this law is a great idea. I don't think that it is so bad it is not like they are saying you will do something in the future, they are just trying to protect the victims. I;m sorry but for all the victims out there I am so greatful for this law! "




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Thankful wrote on May 27, 2009 10:36 AM:

" So many in our town UNDERSTAND how UnAmerican this law is. It has taken a part of our constitution and chaged the meaning to form a Police State. OUR government, whether you think it's "untrue and ridiculous" or not, has been planning for some years now to track every american and divide them into "types" They're ultimate goal is to control~~thru Phamracuticals, fear, tracking---I think quite a few Americans are in for a shock. This law is JUST the beginning of losing our America "




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AMERICAN wrote on May 26, 2009 4:03 PM:

" If we’re going to assume anyone arrested for a felony is guilty of something (which is what this law says), why not do the same for misdemeanors? Actually, if we’re going to assume anyone arrested is guilty until proven innocent, why not just assume everyone is guilty of something and turn the US into one gigantic prison?

Oh, that’s right, because that is pretty much what you have when you slowly chip away at our freedoms! And I’m sorry to say, but anyone that supports this law is UNAMERICAN! "




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Too Funny wrote on May 26, 2009 1:17 PM:

" Tipton said, “… the use of the DNA collected is so restricted that if a person who is cleared of a felony requests that it be expunged, it cannot be used even if that person is again arrested.”

Um, if it was “expunged” HOW COULD IT BE used again? It would no longer exist. OH, wait, I get it. When he says “expunged” he is probably winking and has his fingers crossed, right!? "




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Get Real wrote on May 26, 2009 12:27 PM:

" The law is ludicrous. The ironic part is this law NEVER would have prevented the death it’s based on (and it’s admitted in the article). All we’re doing is moving towards a police state in the name of “FEELING” safe. They even admit the law will only MAYBE or MIGHT save lives. Guess what, if we’re going to give up the rights our country is based on, why not go all out! Have the government just kill every third person, that “MIGHT” save lives too because one of them could have been a future killer! "




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chickenman wrote on May 26, 2009 12:25 PM:

" Very scary, you can be arrested for anything, and be innocent, and still have to submit to a test for an unrelated possible offense? Is this Amercia? How can this be allowed?. If theres nothing to hide fine, but remember we ARE the people of we the people, and our Govt. is so out of touch with we the people theres no way we should trust them. Sorry but the possible benifits far outweigh the loss of freedom and basic civil rights that we the people in this great nation claim to be true....peaceoutchickenman "




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chickenman wrote on May 26, 2009 11:44 AM:

" Funny how eaisly people are willing to give up basic civil liberties, no way should this be allowed in a free society. We as a nation are slowly being manipulated by fear and lies to further whatever secret agenda they may have, if they are not up to something better yet, but we must remain ever vigilant, we should nit fear the Govt., they should fear us, and work for we the people.. Chickenman "




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Trisha wrote on May 26, 2009 10:46 AM:

" I love the DNA sample at birth idea! And when someone does commit murder or any crime actually, they should be put to death immediately. Along with every single person in their immediate family. Since they share the same DNA strands, they are probably killers / criminals too. I mean, better safe than sorry!

Think of how many lives that might save!? Yippee! I feel safer already! "




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Josh wrote on May 26, 2009 10:37 AM:

" I agree with the last posts too! It’d be nice to have a database we can use to group people. Like “HA” mentions, it’ll make it so much easier to identify certain “types.” I mean with the way the world is today, it’s hard to tell what “type” a person is without a DNA sample. And as long as you’ve done nothing wrong and aren’t part of the “type” the government is looking for, you have nothing to worry about.

Think of how much easier this would have made Hitler’s job! "




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HA wrote on May 26, 2009 10:09 AM:

" Sue and Bob are right! When they take that DNA sample at birth (making it easier to identify certain “types”), they should also implant a tracking device (so they can immediately find people). And let’s put cameras in everyone’s homes. Then we can monitor everyone, since not all crimes include DNA evidence (and it’ll make it easier to track certain “types”).

I mean, “if you have nothing to hide, you have nothing to fear!” Right, Sue? Oddly enough, some years ago, lots of Germans agreed with that statement too. "




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Happy about this law wrote on May 26, 2009 10:02 AM:

" I am very happy this law passed, just like Sue stated, "If you have nothing to hide you have nothing to fear". Please stop with the presumption lines and start thinking about how many violent criminals will be prosecuted because of this evidence. Stop and think about if your son or daughter were killed and DNA were collected at the scene. Maybe the killer could be brought to justice. "




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sue wrote on May 25, 2009 1:37 PM:

" I think everyone should have DNA results done at birth. If you have nothing to hide you have nothing to fear. Maybe it will make criminals stop and think....they might get caught and detour some terrible event. "




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Paramedic Bob wrote on May 25, 2009 7:57 AM:

" I think this is a great idea. It really should be done at birth for everyone. people claim a privacy invasion - - WHAT!!-- BS! The only use for this is to prove criminals have been present at their crime scenes! This is not some Orwellian scheme to track you. Please, get a life! "




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the heckler wrote on May 22, 2009 9:57 AM:

" As a Canadian citizen I find this bill very disturbing and a clear attack on the civil liberties of "free" U.S. citizens. In the information age Big Brother has developed a fetish with policing citizens via fear, data collection and information sharing. This is a clear indicator of a police state! It is a "gateway" to microchipping humans. The constitution and rule of law are premised on innocence till proven guilty not the other way around. Canada needs the citizens of the U.S. to protect their constitution from the globalists determined to destroy our economc freedoms and liberty. "




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soveriegn citizen wrote on May 22, 2009 6:04 AM:

" In other words, they keep your DNA and make you jump through hoops to get it 'expunged'. Riiight.... "




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ATM wrote on May 22, 2009 12:22 AM:

" This is the beginning of a total DNA police state. No, friends, the DNA will not be destroyed. This includes anyone suspected of a crime, notjust someone convicted. "Anyone suspected" will come to mean someone who opposes the globalists and their agenda. That is the next step, just like in England. "




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