Bill would expand DNA tests to all felons

CONCORD, N.H. - New Hampshire could soon require DNA testing of all convicted felons, leaving Idaho as the only state without such a law.

The New Hampshire bill would expand the state's DNA collection law beyond those convicted of certain violent crimes. All that stands in the way is approval of a minor Senate amendment to a House bill.

Gov. John Lynch said he will sign the bill.

"The bill has broad support, including the support of law enforcement which believes this will better protect public safety, which is why the governor supports the bill," Lynch spokesman Colin Manning said Thursday.

The DNA profiles are entered into a national database used to match evidence left at a crime scene. Currently, all states except New Hampshire and Idaho collect samples from all felons. Nebraska was the latest to pass the broader testing legislation.

Many states also require sex offenders and those who commit misdemeanors to submit DNA samples.

The New Hampshire Coalition Against Domestic and Sexual Violence has been a leader in the legislative effort. Spokeswoman Amanda Grady said the biggest hurdle was convincing lawmakers that public safety outweighs felons' privacy rights.

"Every step of the way has been a challenge," she said.

Two years ago, privacy rights won. A move to expand DNA testing failed, largely because the measure permitted testing juveniles. The latest bill does not include DNA tests of juvenile offenders.

In January, Rep. Neal Kurk, a longtime privacy rights advocate, tried unsuccessfully to get the House to require the state to destroy the DNA specimens once authorities had extracted identifying information from them. The House voted down his proposal 262-89. Kurk's objection was that the DNA samples gave the state access to private medical information about felons' families.

Since then, the bill has passed both chambers on voice votes.

Senate Finance Chairman Lou D'Allesandro said his committee will add a minor amendment Thursday, then send the bill to the Senate with a positive recommendation. D'Allesandro, D-Manchester, said the House supports the change which has nothing to do with DNA, but fixes a problem with another House bill that already has passed both chambers.

Currently, New Hampshire law requires DNA collection from those convicted of homicide, negligent homicide, first- and second-degree assault, sexual assault, kidnapping, arson, burglary and robbery.

Grady and other supporters said that DNA taken from people convicted of crimes not covered by New Hampshire's law have led to arrests for more serious crimes. Grady said limits in New Hampshire's law also have caused costly delays because the state has to first determine which cases qualify under the law. If all felons were required to supply DNA, delays would be minimal, she said.