A REVIEW OF STATE LEGISLATION ON DNA FORENSIC DATA BANKING

Recent advances in DNA identification technology are making their way into the criminal law. States across the country are enacting legislat ion to create repositories for the storage both of DNA samples collect ed from convicted offenders and of the DNA profiles derived from them. These data banks will be used to assist in the resolution of future c rimes. This study surveys existing state statutes, pending legislation , and administrative regulations that govern these DNA forensic data b anks. We critically analyzed these laws with respect to their treatmen t of the collection, storage, analysis, retrieval, and use of DNA and DNA data. We found much variation among data-banking laws and conclude that, while DNA forensic data banking carries tremendous potential fo r law enforcement, many states, in their rush to create data banks, ha ve paid little attention to issues of quality control, quality assuran ce, and privacy. In addition, the sweep of some laws is unnecessarily broad. Legislative modifications are needed in many states to better s afeguard civil liberties and individual privacy.