When I read this, I really couldn't believe it:
September 8, 2005
The Senate Judiciary Committee held a mark-up of the Violence Against
Women Act (VAWA) reauthorization today. The bill, which expires on September 30, passed out of committee, but an amendment was added that
could prevent or delay its passage by the full Senate.
The amendment, introduced by Senator John Cornyn (R-TX), on behalf of Senator Jon Kyl (R-AZ), would create a national registry of DNA taken
from any person who has been detained by the police, even if the person is not arrested or convicted. Senator Dianne Feinstein (D-CA) tried to include a secondary amendment to link the DNA index only to violent felonies, but it was defeated on a straight party-line vote.
So I checked the Congressional Record to see if it were true...
And damned if it isn't. Right there, in Title X of the Act,
DNA Fingerprinting:
SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION FROM PERSONS ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY.
(a) In General- Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking `The Director' and inserting the following:
`(A) The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested or detained under the authority of the United States. The Attorney General may delegate this function within the Department of Justice as provided in section 510 of title 28, United States Code, and may also authorize and direct any other agency of the United States that arrests or detains individuals or supervises individuals facing charges to carry out any function and exercise any power of the Attorney General under this section.
`(B) The Director'; and
(B) in paragraphs (3) and (4), by striking `Director of the Bureau of Prisons' each place it appears and inserting `Attorney General, the Director of the Bureau of Prisons,'; and
(2) in subsection (b), by striking `Director of the Bureau of Prisons' and inserting `Attorney General, the Director of the Bureau of Prisons,'.
(b) Conforming Amendments- Subsections (b) and (c)(1)(A) of section 3142 of title 18, United States Code, are each amended by inserting `and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)' after `period of release'.
That conforming amendment, the one where they have to have permission to collect DNA, only applies if you have been released from custody awaiting prosecution of a federal crime. Otherwise, any time you fall into federal hands and the Attorney General deems necessary, they can take a DNA sample. So Cindy Sheehan (wasn't she taken into custody by federal park police?) would have to submit a DNA sample upon detention.
This is evil. If Cornyn attached this amendment to what has been good public policy (hated by conservatives, but good) to sink it, that's evil. If the amendment was attached just to authorize the collection of DNA because the feds wanted it, that's evil.
Why does John Cornyn want my DNA?