A measure passed by voters last November that reduced crimes from felonies to misdemeanors also resulted in the elimination of DNA collection.
Proposition 47 apparently ended up reducing the number of DNA samples collected from suspects, which law enforcement and government agencies use to find suspects in violent crimes such as rape and murder.
Because the proposition lowered many non-violent crimes from felonies to misdemeanors, these now lower-rung criminals are not being required to submit the same samples they would have before.
With less DNA in the system, investigators say it makes it harder to solve older crimes and just because a criminal was caught for petty theft, doesn't necessarily mean they haven't or wont commit a violent crime.
The proposed solution is corrective legislation allowing DNA collection from everyone convicted of crimes lowered to misdemeanors by Prop 47.
But criminal defense attorney Marc Carlos said it's not as simple as just amending the previous law.
"The problem is that the voters voted on this initiative and this initiative only, the way it was written, so it's going to be difficult...without having a full vote once again," Carlos said.
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Pam Lewis who owns Allen's Flowers thinks the DNA testing is a good idea and allows law enforcement to keep track of violent criminals.
"I do believe that even if it's a misdemeanor or petty theft that, you know, it's safer to be tracked," Lewis said.
But down the block, Jeremy Price feels differently.
"There's already enough infringement on our privacy and our personalities in general," Price said. "I don't think that we need to invite more."
Carlos said the jails are dangerous for those inside those who commit petty thefts, beer runs and low-grade drug offenses are better off outside the jail walls.
"I think, though, what the public needs to be aware of is that they're not talking about violent people who now are being tested for DNA," Carlos said. "This are essentially non-violent offenders."
The other question pending in the courts is whether the 225,000 samples already in the state database can be used to solve past crimes.
