"An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes; and providing for an effective date. "
"Currently, there is no way for a corrections, parole or patrol officer to collect the DNA samples required by law if the individual the DNA is to be collected from is uncooperative."
- Rep. Anderson
HB 124 allows a correction, probation or parole officer to use reasonable force in the collection of DNA samples required by law and absolves them from civil or criminal liability for the use of that force. Officers shouldn't run the risk of being punished for carrying out their duties.
Currently, there is no way for a corrections, parole or patrol officer to collect the DNA samples required by law if the individual the DNA is to be collected from is uncooperative. If an officer were to try and use reasonable force to collect the sample, under current law they could be held liable for civil or criminal penalties.
For some convicted felons there is no incentive to provide this type of evidence because anything added to their sentence would make little difference. People serving life sentences are one example. There is no punishment under the current statutes to efficiently encourage cooperation.