Katie's Law, also known as the Katie Sepich Enhanced DNA Collection Act of 2010, is a federal law to provide funding to states to implement minimum and enhanced DNA collection processes for felony arrests.
[3]The proposed legislation encourages states to collect a sample through DNA profiling from individuals who are: arrested for, charged with or indicted for crimes involving murder, manslaughter, sexual assaults, and kidnapping or abduction.
While she was District Attorney, Martinez worked to pass legislation that would expand Katie's Law, requiring a DNA sample for all felony arrests.
A federal district court, in the United States v. Pool,[9] upheld that the federal statute allowing collection of DNA samples prior to conviction for inclusion in the national DNA database does not represent a violation of constitutional rights.
In issuing its ruling, the court specifically held that the collection does not represent a violation of Fourth Amendment rights.
High courts in Maryland,[10] and Virginia,[11] also ruled that DNA upon arrest does not violate the Fourth Amendment.