By Marshall Griffin, St. Louis Public Radio
Jefferson City, Mo. – The Missouri Senate has given first-round approval to a proposed constitutional amendment that would allow laws requiring DNA collections from criminals to be applied retrospectively.
The Missouri Constitution forbids retrospective laws that mandate new restrictions or requirements based on past actions. The prohibition contributed to a recent State Supreme Court ruling that invalidated some sex offender restrictions.
The resolution's sponsor, State Senator Matt Bartle (R, Lee's Summit), says an exception needs to be allowed for collecting DNA samples from criminals.
"The practical effect (of the status quo) may very well be that people who've committed rapes and murders that we were able to solve by virtue of the fact that we had a DNA profiling system in place would walk free," Bartle said.
But State Senator Jolie Justus (D, Kansas City) voted "no."
"I don't think there's any limit in the future what legislatures could add to the DNA profiling laws...and so my concern is, what if five years from now a legislature comes in and (says), 'We're going to require you to give DNA in order to get a conceal and carry permit?'" Justus said.
The resolution passed on a voice vote. It needs one more vote by the full Senate before moving over to the Missouri House.