ILLINOIS SUPREME COURT UPHOLDS LEGISLATION BIRKETT DRAFTED IN 2002
WHEATON – The Illinois Supreme Court last week rejected a challenge to an Illinois law requiring anyone convicted of a felony in Illinois to provide a DNA sample to State Police for entry into a statewide DNA database. This is the first time the Illinois Supreme Court has considered a challenge to the law, which was drafted by DuPage County State’s Attorney Joe Birkett and signed into law in August 2002.
The challenge stems from a case in which the defendant, upon his conviction, argued that his submission of a DNA sample solely for entry into the DNA database is a violation of his Fourth Amendment rights.
In its opinion, the Illinois Supreme Court rejected the defendant’s claims stating “the primary purpose of collecting samples for the databank is not for the State to determine that a particular individual has engaged in some specific wrongdoing. Unlike a blood or urine sample that may contain traces of drugs, the samples of blood for the DNA databank prove nothing by themselves regarding whether the donor has committed a crime.” The Court further addressed the usefulness of the DNA databank noting “If DNA from those crimes can be collected, the database may be useful in delineating the relevant pool of suspects by either identifying a particular individual or, equally important, excluding a potential suspect from consideration. Moreover…the main purpose of DNA sampling is to absolve innocents, identify the guilty, deter recidivism by identifying those at a high risk of reoffending, or bring closure to victims.”
“I am extremely pleased that the Illinois Supreme Court has rejected the argument made regarding the constitutionality of the mandatory DNA testing of all convicted felons,” commented Birkett. “This legislation, which has the full support of the Illinois Attorney General’s Office as well as the State Appellate Prosecutor’s Office, has proven to be an extremely valuable tool for law enforcement agencies across the state. It has aided law enforcement in solving numerous previously unsolved crimes including rapes and murders. In addition, The DNA database also serves as a valuable tool for incarcerated inmates challenging their convictions.”
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