Iowa Senate approves expanded DNA profiling

DES MOINES – The Iowa Senate voted Wednesday to give law enforcement expanded authority to take DNA samples from people convicted of less-serious crimes classified as aggravated misdemeanors over objections the change would chip away at constitutional rights.

A total of 19 Democrats joined 10 Republicans in approving a House-passed bill to require DNA samples from a list of aggravated misdemeanor convictions that included assaults, thefts and multiple drunken driving convictions. Thirteen Republicans and seven Democrats were on the losing side of the 29-20 vote on House File 527, which now returns to the House to consider Senate changes.

Sen. Steve Sodders, D-State Center, a Marshall County deputy who managed the bill, said DNA evidence has been used in cold cases to gain convictions as well as to exonerate people falsely accused of crimes. He noted that the Senate version exempted cases involving deferred judgment or juveniles and misdemeanors related to gambling, hazardous waste, agricultural productions and other offenses as a compromise to concerns raised by critics.

But Sen. Herman Quirmbach, D-Ames, said the bill did not balance the need to protect the public and solve crimes versus violations of privacy rights and other constitutional protections.

“It's not like fingerprints. It's way beyond that,” he said.

“This bill is about doing a dragnet sampling of DNA because we happen to have people in custody, and next year we're going to be looking at serious misdemeanors and the year after we're going to be looking at simple misdemeanors and the year after that we're going to be looking at traffic violations and who knows maybe we will get to sampling everybody when they're born in the hospital. It's not a step we should be taking,” Quirmbach added.

Sodders called Quirmbach's argument “an over-reach,” noting there has to be a criminal conviction of offenses that are considered felonies in some other states. “These are serious, serious crimes. This isn't a speeding ticket,” he said.

Also Wednesday, senators vote 43-6 to approve so-called “mothballing” legislation that would do away the current requirement that livestock producers tear down the barns if they downsize or temporarily suspend their operations.

Backers called House File 512 a “common sense” solution in the nation's leading pork-production state that also would allow manure to be stored in vacant barns during the winter rather than being spread on frozen ground. Six Democratic senators opposed the bill but did not speak during Wednesday's debate.

Critics countered that the change posed an environmental hazard and would allow some livestock producers to avoid having to file manure management plans with the state. Iowa Citizens for Community Improvement issued a statement calling the bill “a gift” to “one of Iowa's most-polluting industries” that seeks to put “lipstick on a factory farm pig.”

Sen. Dan Zumbach, R-Ryan, said the bill would help young, small farmers.

In other action, majority Democrats in the Iowa Senate refused to approve a House-passed version of Gov. Terry Branstad's Healthy Iowa plan – likely sending the issue of expanding health care coverage for lower-income Iowans to a conference committee to resolve differences.

Senators voted on a 26-24 party-line verdict to reject Republicans' alternative to an expansion of the existing Medicaid program that Democrats prefer.

The governor's approach approved Tuesday by the Iowa House 51-49 would provide health care coverage to an estimated 89,000 additional Iowans earning less than $11,000 annually. Democrats favor expanding Medicaid to an estimated 150,000 Iowans with yearly incomes of up to $15,300.

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