NH- House scales down DNA sample bill

I wonder if there is a ex post facto question regarding the driving issues (license and plates) because, even though FTR is a new situation, the punishment is still based on a prior conviction which sentence is likely already served.

6-6-2008 New Hampshire:

CONCORD – The House of Representatives forced Attorney General Kelly Ayotte and legislative leaders Wednesday to scale back the number of convicted criminals who would be required to supply DNA samples.

In a surprise, the House voted down a compromise (HB 1640) bill that dramatically expanded those crimes carrying the DNA mandate.

The 165-154 vote sent legislative leaders scrambling to cobble together and then get lawmakers late Wednesday night to approve a scaled down bill.

State officials acknowledged the samples would be turned over to a nationwide criminal database.

The DNA issue is one of several contained in this bill that included the rewrite of the state's Sex Offender Registry law and a new provision to permit state officials to suspend the driver's license of someone who does not register.

Rep. Neal Kurk, R-Weare, mocked the original list of offenses that carried the DNA requirement. The list included shoplifting of merchandise worth more than $500, carrying a concealed weapon without a permit and damaging public cemetery property.

"Some of them are pretty trivial, some are pretty serious but all of them deserve our individual attention," Kurk said.

Rep. Cynthia Dokmo, R-Amherst, tried to rescue the compromise as is."Do you want to gamble with the citizens in your community and have them not know where their most dangerous citizens live?" Dokmo asked rhetorically.

"Do you want to gamble with the safety of your children?"

Rep. John Tholl, R-Whitefield, had gone further warning that a vote against the compromise would kill the entire cause.

"If you vote this down, this bill is dead," Tholl said.

Moments after the setback, however, House and Senate negotiators began meeting to rewrite the compromise and reduce the number of criminal offenses covered under the DNA mandate.

Hours later, they approved the compromise with a much smaller list.

More than 40 states in the nation take DNA from all those convicted of felonies.

State and county prosecutors told lawmakers expanding the DNA database could help with unsolved crimes here and assist authorities in other states.

The approved bill also would permit a defendant's experts to view in advance the sexually explicit material to be used at trial if it's in a secured location and as long as any expert signs a non-disclosure agreement.

Some local police and prosecutors complained to lawmakers that these restrictions still led to evidence getting loose in other states.

The compromise keeps off the public list the location of a sex offender's place of work.

Senators argued this would make it harder for sex offenders after serving prison time to keep a steady job.

This information will remain on the private registry available to law enforcement.

Under the bill, state authorities can suspend the license or motor vehicle registration of any sex offender who fails to register within 30 days. The only proviso is the state has to give these offenders 15 days notice in writing before they take this action. ..News Source.. by KEVIN LANDRIGAN Staff Writer