By Rob Moritz
Arkansas News Bureau
LITTLE ROCK — A bill to allow concealed handguns in church failed Wednesday in the Senate Judiciary Committee.
The committee also rejected a bill that would require police to collect DNA samples from people arrested on suspicion of capital murder, first-degree murder, kidnapping and first- or second-degree sexual assault.
House Bill 1237 by Rep. Beverly Pyle, R-Cedarville, was rejected for the second time, despite an amendment that would give every church the right to decide whether to allow guns on the premises.
“This would let a church to decide for themselves,” said Sen. Jerry Taylor, D-Pine Bluff, sponsor of the amendment.
In February, the bill, which would remove churches and other places of worship from a list of places where people with concealed-carry permits are barred from carrying a concealed weapons, failed to get out of the Senate committee on a voice vote.
The committee’s vote Wednesday was 4-2, with five votes needed for an endorsement.
The committee also rejected on a voice vote HB 1473 by Rep. Dawn Creekmore, D-East End, which would require collection of DNA from people arrested on suspicion of certain crimes.
Creekmore said after the vote that she plans to bring the bill back to the committee for reconsideration.
State law currently requires collection of a DNA sample only if a person is convicted of a felony.
Speaking for the bill was John Ramsey, whose daughter JonBenet Ramsey was killed in Colorado in 1996, and Mary Jean Busken, whose 21-year-old daughter Juli Busken was killed in 1996 while attending the University of Oklahoma.
Ramsey said 15 states have already passed similar measures.
“I’m not here because I am hopeful that this will solve the murder of my daughter,” he said. “I believe it will save lives. I think there’s no bigger purpose that our government has than to protect our citizens.”
Busken told the committee her daughter’s killer was caught in 2004 and has since been convicted of murder and sentenced to death.
“Without the DNA, we would not have solved this case,” she said, adding a sample of the convicted killer’s DNA was taken when he was arrested on a burglary charge and was later connected to Juli Busken’s death.
Colleen Nick, whose 6-year-old daughter Morgan, was abducted more than 13 years ago from an Alma baseball field and has never been found, also spoke for the bill.
But Jeff Rosenzweig, representing the Association of Criminal Defense Lawyers, said the bill has several flaws and urged they be addressed.
“The bill is an invitation to illegally arrest someone without probable cause,” he said, suggesting that the bill be changed to require an arrest warrant before the person is arrested and DNA taken.
He said the bill allows the crime lab to hire private companies to do the testing.
“Imagine what a private company could do with this information,” he said.
Creekmore said the DNA sampling would cost about $55,000 and the cost could be covered in the state Crime Lab’s existing budget.
The committee also heard testimony on HB 1706, which would clarify procedures for carrying out the death penalty in Arkansas, but did not take a vote.
The sponsor, Rep. Bobby Pierce, D-Sheridan, pulled the bill from consideration amid questions about why the measure would exempt chemicals used in the lethal injection process from public disclosure under the state Freedom of Information Act.
“This is a sacred cow with a lot of people, and when you start exempting people, that just raises antennas,” said Sen. Jim Luker, D-Wynne.
Pierce said he would amend the exemption out of the bill and hoped to bring it back for a vote.
The committee also rejected 1545 by Creekmore, which would have expanded the criminal definition of stalking.
