The Supreme Court of the United States, in the closely decided case of Maryland v. King, ruled that law enforcement is entitled to retrieve a sample of DNA from any individual upon that individual’s arrest. While Arizona does not have a statute that provides for the collection of DNA upon arrest, Arizona does have statutes that require the collection of DNA samples from every individual convicted of a felony and from some individuals after the mere filing of charges. While the statute, on its face, limits the use of the DNA sample taken, for all intents and purposes that DNA sample will remain on file in Arizona’s criminal justice system database for the life of the tested person. Here are the offenses for which a mere arrest subjects a person to the collection of a DNA sample in Arizona:
- Indecent Exposure
- Public Sexual Indecency
- Sexual Abuse
- Sexual Conduct with a Minor
- Sexual Assault
- Child Molestation
- Bestiality
- Continuous Sexual Abuse of a Child
- Burglary in the Second Degree (residential burglary)
- Burglary in the First Degree (residential burglary while armed with a weapon)
- Prostitution, or Keeping a House of Prostitution
- Offenses related to the sexual exploitation of children
- Incest
Any other serious offense (as defined by ARS 13-706), if that offense is committed while armed or results in serious physical injury
