That's a significantly lower standard than the guilt beyond a reasonable doubt required for conviction.

If prosecutors are unable to convict, the law establishes a process for the person to request his or her DNA be expunged from the state database.

However, the Indiana Code also provides that if the record is not deleted as requested, that oversight does not invalidate any future arrest or conviction based on DNA evidence that shouldn't be in the database.

State Sen. Mike Young, R-Indianapolis, opposed the measure because he said it runs afoul of 4th Amendment protections against illegal police searches because an arrestee's DNA record will be used for investigatory purposes, not just identification.

"This is no different than the government coming in your house looking for evidence to see if there's anything laying around that they might be able to put together to find out you committed another crime. There is no difference," Young said.

"Why can't we just do it the right way and get a warrant?" he asked.

The law was approved 36-13 by the Senate and 84-13 in the House. Both chambers are Republican-controlled.

State Sen. Eddie Melton, D-Merrillville, and state Sen. Lonnie Randolph, D-East Chicago, were the only Northwest Indiana lawmakers to vote against the proposal.

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