Extending DNA collection to include convictions of misdemeanors seems to enjoy bipartisan support, but two local delegates are carrying separate bills with different visions of how to expand the DNA databank.
House Minority Leader David Toscano (D-57th) was the first to answer Albemarle Sheriff Chip Harding’s call for misdemeanor DNA collection after the abduction of UVA student Hannah Graham. Her accused abductor, Jesse Matthew, had been convicted of trespassing in 2010 and Harding believes if his DNA had been taken then, Matthew would have been linked to a brutal 2005 assault in Fairfax and off the streets before his path ever crossed Graham’s.
Toscano’s bill includes 99 misdemeanors. “The first thing we thought about was some kinds of misdemeanors are worse than others,” said Toscano. “We don’t want to subject someone with minor traffic convictions or violation of FOIA,” although the list includes marijuana possession, which a bill in the Senate seeks to decriminalize.
“There’s a fiscal impact to every misdemeanor you put on the list,” said Toscano. “That’s why we came up with fewer rather than more.” And his plan calls for the offender to pay for $25 of the cost of the DNA analysis.
The strategy for Delegate Rob Bell (R-58th) was not specific misdemeanors, “but by how bad [the crime] was and whether the judge ordered jail time,” he said. He uses as an example assault, which could range from shoving someone outside a bar to a really bad beating. He also includes juveniles who have been held in detention or are convicted of sexual battery, attempted sexual assault or peeping.
Senator Mark Obenshain, the Republican candidate for attorney general in 2013, is carrying a bill as well that calls for DNA collection upon conviction of violating protective orders, stalking, infected sexual battery, trespassing, solicitation of a prostitute, indecent exposure, obscene sexual display and contributing to the delinquency of a minor.
Sheriff Harding would like to see DNA collection for all Class 1 misdemeanors, but said he appreciates what the lawmakers are doing. “Any of it is a step in the right direction,” he said.
The House bills will be considered by the Courts of Justice committee January 28. Both Bell and Toscano are on the committee, and Bell is vice chair.