Senate Ok’s DNA plan, but Black Lawmakers split
Len Lazarick, The Examiner
Annapolis -
Wider collection of DNA samples from anyone charged with a violent crime tentatively passed the Maryland Senate on Tuesday.
But seven of the 10 African-American senators voted against the measure despite concessions they won from Gov. Martin O’Malley on a key component of his anti-crime agenda. Many black lawmakers said O’Malley’s proposal had potential to create another kind of racial profiling, with little knowledge of how genetic information could be used in the future.
Despite misgivings, Sen. Verna Jones, chairwoman of the General Assembly’s Legislative Black Caucus, voted for the bill initially — “a vote that’s very difficult for me” — then switched her vote after the measure passed on a preliminary 36-to-11 vote. She asked to have her name removed as a co-sponsor.
“I do have a problem with this bill, but I wanted to be supportive,” Jones told The Examiner. “I don’t think it’s as tight as it should be.”
The Senate amended the bill to make it similar to the one passed by the House last Wednesday. DNA samples would only be collected after a person was charged with a crime of violence, not after arrest, as O’Malley originally proposed.
The DNA would be tested after conviction, and it would be automatically expunged if the suspect was acquitted. In an important difference with the House, the Senate version “sunsets” the law — automatically repeals it — in five years.
“I had worked very diligently with the governor’s bill,” said Sen. Lisa Gladden, vice chairwoman of the Judicial Proceedings Committee and a public defender in Baltimore. “I still think it’s a bad bill.”
“I know who’s going to be in the database,” Gladden said — “poor people, African-American people.”
Sen. Delores Kelley, D-Baltimore County, said the bill was “premature” since O’Malley has neither provided the funding, created a commission of experts nor set up the regulations to be make sure the laboratories doing the testing were credentialed.
Four conservative Republicans joined in the opposition. “These are innocent people” from whom the DNA will be collected, said Sen. Alex Mooney. “We don’t know what they can do with DNA yet.”
Both sides expect the measure to be sent to a conference committee to work out differences between the two houses.
HERE IS HOW THE SENATE VOTED:
Nays (11):
Joan Carter Conway, D, Baltimore City
Ulysses Currie, D, Prince George’s County
Nathaniel Exum, D, Prince George’s County
Lisa A. Gladden, D, Baltimore City
Janet Greenip, R, Anne Arundel County
David C. Harrington, D, Prince George’s County
Andrew P. Harris, R, Baltimore County & Harford County
Delores G. Kelley, D, Baltimore County
Allan H. Kittleman, R, Carroll & Howard Counties
Alex X. Mooney, R, Frederick & Washington Counties
C. Anthony Muse, D, Prince George’s County
E.J. Pipkin, R, Caroline, Cecil, Kent & Queen Anne’s Counties
Yeas (36):
John C. Astle, D, Anne Arundel County
David R. Brinkley, R, Frederick & Carroll Counties
James Brochin, D, Baltimore County
Richard F. Colburn, R, Caroline, Dorchester, Talbot & Wicomico Counties
James E. DeGrange, Sr., D, Anne Arundel County
George W. Della, Jr., D, Baltimore City
Roy P. Dyson, D, Calvert, Charles & St. Mary’s Counties
George C. Edwards, R, Allegany, Garrett & Washington Counties
Jennie M. Forehand, D, Montgomery County
Brian E. Frosh, D, Montgomery County
Robert J. Garagiola, D, Montgomery County
Barry Glassman, R, Harford County
Larry E. Haines, R, Baltimore County & Carroll Counties
Nancy Jacobs, R, Cecil & Harford Counties
Verna L. Jones, D, Baltimore City
Edward J. Kasemeyer, D, Baltimore County & Howard County
Nancy J. King, D, Montgomery County
Katherine A. Klausmeier, D, Baltimore County
Rona E. Kramer, D, Montgomery County
Mike Lennett, D, Montgomery County
Richard S. Madaleno, Jr., D, Montgomery County
Nathaniel J. McFadden, D, Baltimore City
Thomas M. Middleton, D, Charles County
Thomas V. Mike Miller, Jr., D, Calvert & Prince George’s Counties
Donald F. Munson, R, Washington County
Douglas J.J. Peters, D, Prince George’s County
Paul G. Pinsky, D, Prince George’s County
Catherine E. Pugh, D, Baltimore City
Jamie Raskin, D, Montgomery County
James N. Robey, D, Howard County
Jim Rosapepe, D, Anne Arundel & Prince George’s Counties
Bryan W. Simonaire, R, Anne Arundel County
J. Lowell Stoltzfus, R, Somerset, Wicomico & Worcester Counties
Norman R. Stone, Jr., D, Baltimore County
Bobby A. Zirkin, D, Baltimore County
