A law that took effect the end of July 2009 requiring that DNA samples be taken from people arrested for capital murder, first-degree murder, kidnapping and first- and second-degree sexual assault instead of waiting to take the samples after a conviction has not increased the number of samples for testing.
It was estimated that about 1,400 samples would be collected each year, but only 73 have been submitted since the law went into effect. At this time none have been matched to a crime. It is assumed that one reason for the lower than predicted submissions is that law enforcement officers still need to be educated on the specifics of the law according to Arkansas Crime Laboratory Director Kermit Channell. Because of this the state crime lab has sponsored several training sessions on the law and is required to provide DNA kits to law enforcement agencies as well as pay for the cost of shipping the samples to the lab.
North Little Rock Police Chief Danny Bradley aggress with Channell that education is very important. Bradley stated law enforcement officers often struggles to keep up with the state’s frequently amended criminal codes and that low compliance is to be expected during a law’s first year. Bradley suggested that education by the lab focus on county jail facilities or other agencies that serve as primary booking sites.
Anyone whose DNA is collected under the new law can formally request that the sample be destroyed and that the DNA information be removed from the state DNA data bank if the person is acquitted, the charge is dismissed, prosecutors drop pursuit of the charges or if a charge is not filed within a year of the arrest.
