DNA evidence can provide valuable information about a crime, including information about who may have been involved in the crime. DNA evidence has the potential to help authorities identify potential suspects more accurately than they would be able to identify them by relying exclusively on other types of evidence. A Texas law passed last year aims to increase the amount of DNA evidence available to investigators by requiring individuals who are arrested for certain felonies to provide DNA samples.
The Krystal Jean Baker Act became law last June. The law is named for a young woman who was abducted, sexually assaulted, and killed in 1996. Although authorities collected DNA evidence around the time of Krystal’s death, they were not able to solve the case. In 2010, a man named Kevin Smith was arrested for a drug-related offense in Louisiana. At the time of his arrest, his DNA was sampled and entered into the national database. That sample linked Smith to the Baker case, and Kevin Smith pled guilty to the murder.
Some of the felony offenses that now require arrestees to provide a DNA sample under the Krystal Jean Baker Act are human trafficking, robbery, sexual assault, prostitution, capital murder, kidnapping, and aggravated assault. The law differs from some DNA sample regulations in that a defendant need only be arrested before they are required to provide a DNA sample via cheek swabs when they are booked into jail. No conviction is required.
When DNA samples are collected according to the Act, they are entered into a national database called CODIS, the Combined DNA Index System. Since the law was passed, it has enabled authorities to resolve cases that had gone cold. There are numerous reports of cases in Texas and elsewhere that have been resolved since the passage of the Krystal Jean Baker Act. For example, a recent arrest for sexual assault led to the offender’s DNA being linked to a 2019 sexual assault that had not yet been solved. A September 2019 arrest for theft led to the resolution of a homicide that happened in 2011. One arrest made in connection with a recent sexual assault led to the resolution of two other sexual assault cases.
Defendants who are facing charges for crimes they did not commit stand to benefit from the Krystal Jean Baker Act. Often, people focus on DNA evidence as a way to identify guilty parties. It is crucial that we also view DNA evidence as a way to avoid incriminating the wrong people. Many people who commit crimes are repeat offenders. As arrests for recent crimes garner additional DNA samples for the CODIS database, authorities have more opportunities to connect the correct person with each offense.
If you have been charged with a crime, your freedom is at stake. Fortunately, you do not have to defend your freedom on your own. A Texas criminal defense attorney is a powerful ally who can help you protect what is most important to you. To learn more about how a Texas Criminal Defense Attorney can help you, call Attorney Alex Tyra today. Call us today, at (903) 753-7499, or fill out a convenient online contact form on our website.