Fight the government DNA database of innocent citizens.

Colorado Libertarian PSA:

Colorado Senate Bill 09-241, which would mandate the use of government force to take DNA samples from innocent citizens, passed the second reading on the Senate floor Friday afternoon.

This gross expansion of state power is not a partisan issue. Both progressive Democratic Senator Morgan Carroll (D-Aurora) and conservative Republican Bill Cadman (R-Colorado Springs) oppose the bill as an unconstitutional overreaching of state power over the rights of the individual.

Currently, the State collects DNA from everyone convicted of a felony. The bill mandates the collection of DNA samples from everyone merely arrested – not convicted – for a felony. Somewhere along the way, the concept of “innocent until proven guilty” is lost among the bill’s backers.

To many Colorado citizens, however, that fundamental American concept still means something. The Libertarian Party of Colorado, the Colorado ACLU, the Gadsden Society, the Colorado Criminal Defense Bar and the Colorado Public Defenders Office, among others, all oppose this costly Orwellian expansion of government power over innocent citizens.

David K. Williams, Jr., Legislative Director for the Libertarian Party and President of the Gadsden Society is among those against the bill.

“The backers of this bill claim it will help law enforcement. Undoubtedly it would,” Williams said. “So would the repeal of the Fourth Amendment. So would micro chipping newborns so the government knows where they are all at times, from cradle to grave. So would putting video cameras in every house.

“The point is that helping law enforcement is not the only concern Americans should have. Protecting the Constitution and preventing government abuse of power should also be a concern of all Americans.”

According to the latest fiscal note attached to the bill, the DNA collection will cost the State over $2 million in the next fiscal year. There is no reason for this bill to pass, but to incur such an expense when the state is facing a budgetary crisis is madness.

To raise the money to implement this unconstitutional invasion of privacy, the bill imposes a $5 surcharge tacked on top of all traffic infractions. Republican Senator Ted Harvey (R- Highlands Ranch) opposes the bill because of this surcharge. “I do not believe there is a nexus,” he said.

Senator Harvey is correct. There is not.

The bill is set for a final vote in the Senate this week. Contact your Senator and let him know you oppose this Orwellian expansion of state power over innocent citizens.

You can find our State Senator by following these steps:

  1. From this link, choose “Which Districts Are You In?”
  2. Click the “Show Map” button.
  3. Click on the “Find/Change Location” link on the right side menu.
  4. A window will pop up. Type your address, city and zip code and hit the “Find” button.
  5. A map showing your location should appear. At the top of the page there will be your House District number and the name of your representative; your state Senate district number and the name of your state Senator; and your U.S. Congressional district number and the name of your U.S. Representative.

Once you get the name of your State Senator, you can find his/her contact information at this link.

The most recent Fiscal note

The Appropriations Committee Report.

OPPOSE THE ORWELLIAN EXPANSION OF GOVERNMENT POWER.

Contact your State Senator now.

Oppose SB 241

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3 Responses to “Fight the government DNA database of innocent citizens.”

  1. Fight the government DNA database of innocent citizens. Says:

    […] Original post by Patrick Sperry […]

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  2. Bruce Angel's avatar Bruce Angel Says:

    I have been through the aurora jail twice. Both times before 2009. During the intake process the nurse states that if charged with a felony I must submit a DNA sample. The first time I was charged with a misdemeanor. I declined. It just did not seem right to me. The second time, accused of a felony the nurse stated, “I was required to submit DNA”. It didn’t seem right or fair to me. But having never been charged with a felony before I submitted my DNA. This has bothered me for the last 2 years. Something On television reminded me of this today. So I Googled the legality. This is when I learned of Bill 09-241. It appears Aurora county has been collecting DNA at will prior to the legislation.

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    • Patrick Sperry's avatar Patrick Sperry Says:

      It is called “Self incrimination” Bruce. It is as simple as that. It has also been upheld by the courts of Colorado. Simple as that also.

      I have no knowledge of your case Bruce. But the Bill of Rights, as well as the individual rights as defined within the state of Colorado? Got trashed by the Colorado Supreme Court… Too many times to list!

      Colorado actually has one of the best Constitutions when it comes to the rights of the individual.

      Politicians, and Lawyers…

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