The Senate passed legislation Monday that would force those arrested for violent felonies to submit DNA samples, which sponsors say could help solve crimes and vindicate those who have been falsely accused.

Currently, the state collects DNA samples from felons and some Class A misdemeanants, after they have been found guilty.

Layton Republican Sen. Stuart Adams' bill moves the collection to the beginning of the criminal process -- gathering the sample when the individual is booked. The sample would then be processed and added to the state's database after the accused is bound over for trial or waives that preliminary hearing.

The accused would have to pay the $150 fee for the DNA collection, regardless if they are convicted. If the individuals are acquitted, they can ask a judge for a court order to have the sample destroyed.

Ed Smart, the father of Elizabeth Smart, who was kidnapped in 2002, said the DNA sampling will prevent habitual predators from preying again and again. "For so many families out there ... their nightmares continue."

"This is all about saving lives," Smart said.

The DNA sampling would not have helped in the Smart case.

The American Civil Liberties Union opposed the bill when it was before the Senate committee.

Marina Lowe, government affairs director for the ACLU, said some courts have ruled that collecting DNA samples during arrest "does in fact violate the 4th Amendment and does violate the notion that, as Americans, we hold dear, that you are innocent until proven guilty."

The measure passed the Senate by a 23-1 vote and now goes to the House.