"DNA evidence collected during a criminal investigation is used to solve crimes by matching DNA samples in a national database," Zakas said.  "A DNA match found in the database will identify a suspect who may have committed a crime."

Zakas said his three pieces of legislation involves both juvenile and adult criminal cases.

Under Senate Bill 3, DNA samples could be collected from individuals under the age of 18 who are determined to be delinquent and convicted of a violent or sex crime, enter a residence unlawfully or commit a burglary.

"When a juvenile is convicted, we have the opportunity to rehabilitate them," Zakas said. "The sooner we get convicted juveniles involved in the court system, the sooner we can get them back on track."

According to Zakas, Senate Bill 24 would provide for the collection of DNA samples from all persons arrested for a felony offense.

Current state law requires DNA samples to be collected from any person convicted of a felony. Those samples are analyzed and uploaded to the national database to assist with criminal investigations of current and older, unsolved cases.

Chris Asplen, former Executive Director of the United States Attorney General's National Commission on the Future of DNA Evidence, said more crimes could be prevented by collecting DNA at the time of the felony arrest.

"We do not begin to maximize potential DNA technology until we are stopping crimes," Asplen said. "The sooner we solve crimes by identifying suspects, the sooner we prevent crimes. Collecting DNA at the time of the arrest - as opposed to when a person is convicted - can help get felons off the street more quickly." 

Ted Schenberg, CEO of Strand Analytical Laboratories  - an Indianapolis based crime lab - said adding more profiles to the DNA database increases the chances of finding a DNA match. In addition, Schenberg said DNA collection for all felony arrests can also save courts throughout the criminal justice system approximately $20 million because DNA evidence is presented earlier in the process, helping to determine innocence or guilt.

DNA database systems use computers to match a person's DNA - the cellular acid containing an individual's unique genetic code - to DNA taken from unsolved state and federal crimes. When law enforcement obtains DNA from a crime scene, the DNA is compared against the national database. If the crime scene DNA matches a profile in the DNA database, then law enforcement would have a suspect.

More than 104,998 profiles from Indiana have been added to the nation's criminal DNA databases since its establishment in 1996. More than 6 million profiles are in the nation's database.

"In Indiana, more than 1,000 criminal investigations have been aided using DNA samples," Zakas said. "By collecting DNA at the time of a felony arrest and expanding the DNA database, we can help law enforcement solve more crimes by eliminating suspects or possibly proving guilt."

DNA samples taken from individuals who are not convicted can be removed from the database.

Major Justus Littlejohn of the Indiana State Police Laboratory Division said potential suspects are identified 40 percent of the time when using the DNA database.

To increase the number of potential suspects, Zakas proposes the Indiana State Police begin using close matches of DNA evidence with the DNA database to investigate individuals who may be genetically related.

All states collect DNA from sex offenders and all convicted felons, 15 states have passed laws to take DNA evidence upon an arrest for a felony crime and 31 states collect DNA from juveniles convicted of certain crimes, according to the National Conference of State Legislatures.

Senate Bill 3 and 4 can now be considered by the full Senate. Zakas said Senate Bill 24 will be re-committed to the Senate Appropriations Committee and considered for its fiscal impact.

Sen. Zakas represents Senate District 11, which includes portions of St. Joseph and Elkhart counties.

Sen. Joe Zakas presents photos to the Senate Judiciary Committee of murder victims whose cases were solved due to DNA evidence.

Chris Asplen, former Executive Director of the United States Attorney General's National Commission on the Future of DNA Evidence, testifies before the Indiana Senate Judiciary Committee in support of collecting DNA at the time of felony arrests.

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