Pennsylvania lawmakers are considering a bill that would significantly expand the reach of state DNA sampling for the purpose of investigating crimes. Senate Majority Leader Dominic Pileggi has introduced legislation that would allow police and investigators to use familial DNA matches in the investigative process.

This means that police, in investigating a burglary, assault, homicide, or even a nonviolent crime, would have the ability to search for the alleged perpetrator through family members who have DNA samples in the system, in the event that the suspect's DNA sample does not match any on record. Currently, only four other states utilize this tactic, and on a federal level, the 3rd United States Circuit Court of Appeals is currently deciding whether such a practice is even constitutional.

In addition, the recently proposed bill would allow for the collection of DNA from suspects who have been arrested for all felonies and a greater number of misdemeanors. Currently, Pennsylvania law only allows for the collection of DNA samples after a suspect is convicted of a crime. Under the new law, samples could be collected after a mere arrest, with no real evidentiary showing that the suspect in guilty.

The law calls for samples collected after an arrest to be removed from the database if the suspect is acquitted of the crime or if charges are never filed. However, there is no guarantee that such removal would actually happen.

Opponents of the law have questioned whether such invasive search procedures violate the Fourth Amendment's protections against unreasonable searches and seizures. This will likely be decided by the 3rd circuit court in the relatively near future.

Source: The Republic, "Pa. bill would allow using familial DNA to locate violent crime suspects; privacy fears raised," 14 May 2011