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
March 26th, 2008 at 4:13 pm
As I’ve said elsewhere, just imagine what a boon this kind of database would have been for Hitler. It would have been much easier to identify Jews for extermination.
What if someone decides to use this data base to target Blacks–especially those who try to pass?
And the surveillance cameras the General Assembly wants to place around the state will make it much eaisier to ensure nobody hides or escapes.
March 27th, 2008 at 6:25 pm
Reverend Stanley Burrell, aka, MC Hammer worked on an issue that is similar to this one in California several years ago. That’s right, ‘can’t touch this, went to work for California youth!
It doesn’t sound as if you need any help, but you never know, Hammer might have some ideas for you! He is an affable and approachable person. The easiest way to contact him would be through the Jubilee Christian Center or his agency. Can’t touch this!!
March 28th, 2008 at 4:02 pm
Where was Baltimore State’s Atty Pat Jessamy on this DNA legislation? We know Prince Georges County SA, Glen Ivey, supported it without knowing the particulars of the legislation, but I don’t recall hearing anything from Baltimore’s State’s Atty. Perhaps, she saw no personal political gain from weighing in on one side or the other. Her office is overwhelmed by its current caseload and prosecutorial responsibilities. It seems unlikely that the office would be capable of handling any additional workload created by the expanded DNA collection. As horrible as it is, this is a major crime initiative. Yet, Jessamy has said nothing?! Curious.
March 28th, 2008 at 4:22 pm
I definitely share you concern, Diane.
Rev! Can’t Touch This? LOL. I will check in and see what the Hammer man is up to these days.
Charlie - I just received an email from the Baltimore City NAACP Prez that Jessamy is in opposition of the bill. That hasn’t been verified yet, however. It is interesting nonetheless that Jessamy hasn’t been publicly vocal on this issue.