Where does it end? It began with taking DNA from convicted felons. It expanded to taking DNA from those who were indicted or charged and proceeded through a preliminary hearing. Now, as a result of California voters passing Proposition 69, DNA will be extracted from everyone arrested for a felony --even those who subsequently aren't charged with a crime, let alone convicted. All collected DNA will be put into the state's DNA databank.

The American Civil Liberties Union estimates 50,000 Californians are arrested each year but never convicted. The group contends collecting the samples at the time of arrest runs counter to the American system of presuming innocence until guilt is proven in court.

"Certainly we'll be challenging the provision where the government takes DNA from people who have never even been charged with a crime," said Maya Harris, a staff attorney with the American Civil Liberties Union.

Who's paying for all this? The California legislature is loaning the state $7 million to cover the cost. By the time the measure is fully activated in 2009, the cost is expected to reach $20 million.