DNA Legislation Act

Purpose

DNA evidence is an essential tool for convicting the guilty and exonerating the innocent. This Act establishes a clear framework for the collection, use, and storage of DNA evidence within the State of San Andreas, ensuring both justice and public safety while maintaining respect for constitutional rights.

Constitutional Justification

This legislation supports the Right to Health and Protection of Others by enabling law enforcement to effectively investigate and solve crimes. It simultaneously safeguards the Right to Privacy by setting strict procedures for the lawful collection, use, and disposal of DNA.

Article I - DNA Evidence Collection and Usage

1. Law Enforcement may collect DNA from individuals arrested for violent felony crimes without a warrant.
2. Law Enforcement may request a warrant for the collection of DNA when there is probable cause to believe an individual has committed a crime and DNA is necessary to prove the offense.
   • The warrant must contain a written statement of probable cause sufficient to justify its issuance.
   • DNA collected under a warrant must be discarded if no conviction results from the corresponding charges.
3. Individuals must be notified at the time of DNA collection.
4. DNA may not be collected, nor used for conviction, if the statute of limitations for the alleged offense has expired.
5. DNA may be used for the purposes of conviction or exoneration.
6. If an individual refuses to comply with lawful DNA collection:
   • Officers may hold the person until they comply.
   • If refusal persists, officers may seek court sanctions (e.g. contempt penalties or fines) and/or a judicial order authorising the forced collection of DNA, even without the suspect’s consent.
   • A judge’s authorisation may be recorded contemporaneously in writing or electronically (e.g. MDT entry).
7. All Law Enforcement Employees must submit a DNA sample upon hiring.

Article II - DNA Storage and Removal

1. DNA samples collected lawfully shall be stored in a secure law enforcement database.
2. DNA shall be removed from the database if:
   • It is ruled by a Court of Law that the DNA was obtained illegally or in violation of this Act;
   • The Department of Justice determines that the collection breached constitutional protections; or
   • The individual has been exonerated of the relevant offense that caused the DNA to be taken.
3. DNA shall not be used for prosecution or exoneration if the statute of limitations has expired.
4. Officers must document every DNA collection, including:
   • The date of collection;
   • The name of the collecting officer; and
   • Confirmation that the sample was entered into person/entitys profile.
5. DNA evidence is deemed admissible in the courts of San Andreas.
6. Law Enforcement Officers who leave their Department and have no violent felony convictions may request the removal of their DNA sample from the database.

Conclusion

This Act establishes a balance between effective law enforcement and the protection of individual rights. It ensures DNA evidence is collected and used responsibly, with clear oversight, to strengthen both accountability and justice in the State of San Andreas.

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Signatories:

• Justice Bailey Harvey
• Justice Peter Brackley
• Justice Mina Mercy
• Justice Tess Timony
• Justice James Anderson