Transcript Applied Biosystems Road Show 2002

FORENSIC DNA
DATABASES
Legislative Update - 2002
Presented by:
Smith Alling Lane, P.S.
Tacoma, WA (253) 627-1091
Washington, DC (202) 258-2301
London 0 (44) 798 953 8386
Tim Schellberg, J.D.
[email protected]
Lisa Hurst
[email protected]
Smith Alling Lane
A Professional Services Corporation
Governmental Affairs
Attorneys at Law
DNA Database Laws As of 2001
Sex Offenders (50)
Burglary (33)
Violent Crimes (45)
All Felons (14)
DNA Database Expansion
Legislative Update for 2002
 Significant
growth
– New laws will authorize an estimated 300,000 new convicted
offender samples in first twelve months.


Continued commitment from Congress
Blood to Buccal
2002
Passed All Felons Bills (9)
2002
Enacted Limited Expansion Bills (6)
Previously
Now
Kentucky
Sex offenders only
murder, burglary, offenses against children
New Hampshire
Sex offenders only
murder, assault, arson, robbery
Ohio
Sex crimes, murder
assault, robbery, burglary
Oklahoma
Sex crimes, violent crimes, burglary
retroactive to include probationers
Pennsylvania
serious sex crimes, murder
more sex crimes, assault, kidnap, robbery, & burglary
West Virginia
sex crimes, violent crimes, burglary
drug offenses, various attempted crimes
2002
All Felons Bills Pending (2)
2002
All Felons Bills Failed (9)
Bill Tracking List
State DNA Statutes
Federal Legislation
Senator Joseph Biden (D-DE)
Chairman, Judiciary Subcommittee on Crime and
Drugs
S. 2513 - DNA Sexual Assault Justice Act
Sen. Joe Biden (D-DE)
S. 2318 - Rape Kit DNA Analysis Backlog Elimination
Sen. Hillary Clinton (D-NY)
S. 2055 - Debbie Smith Act
Sen. Maria Cantwell (D-WA)
Federal Legislation
Representative Lamar Smith (R-TX)
Chairman, Judiciary Subcommittee on Crime and
Homeland Security
HR 4746 - DNA Sexual Assault Justice Act
Rep. Anthony Weiner (D-NY)
HR 4480 -- DNA Local Government Access Act
Rep. Anthony Weiner (D-NY)
HR 3961 - Rape Kit DNA Analysis Backlog Elimination
Rep. Jerry Nadler (D-NY)
HR 2874 - Debbie Smith Act
Rep. Carolyn Maloney (D-NY)
HR 2680 - DNA Database Completion Act
Rep. Robert Andrews (D-NJ)
Federal Legislation (cont.)

Relevant Provisions
1. Convicted Offender Reauthorization
$15 million 2003
$15 million 2004
$15 million 2005
$15 million 2006
$15 million 2007
2. Unsolved Casework Reauthorization
$75 million 2003
$75 million 2004
$75 million 2005
$75 million 2006
$25 million 2007
3. Local Agencies May Apply Directly for
Unsolved Casework Grants
4. Assessment (Study) of Rape Kit Backlog
Federal Legislation (cont.)
 Other Relevant Provisions Being
Considered
1. Authority to search suspect/arrestee
samples against the national database
2. Collection costs to be covered under
convicted offender testing
 Will
the appropriations cover the
authorization?
Likely minimum for 2003 -- $40 million
Casework - $25 million
Offender Samples - $15 million
U.S. DNA Legislative
Time-Line
1983 - California Legislature passes law to collect blood from certain
offenders - “DNA” is not mentioned in statute
1988 - Colorado Legislature becomes the first to enact laws requiring
DNA from sex offenders
1990 - Virginia Legislature becomes first to enact an all felons DNA law
1991 - Federal Bureau of Investigations (FBI) establishes guidelines on
state sex offender DNA database laws
- FBI begins promoting the passage of sex offender DNA
database laws
- FBI develops CODIS concept
1992 - Majority of states begin passing laws to create DNA databases
for sex offenders
Time-Line (continued)
1994 - Congress enacts the DNA Identification Act -- CODIS is formally
created
1996 - Congress enacts the Anti-Terror and Effective Death Penalty Act
- a provision of the legislation encourages (requires) states to
enact sex offender DNA database laws
- Most states have sex offender DNA database statutes in place
1997 - A majority of states begin focusing on expanding their database
laws to include violent crimes and burglary
1999 - 50 states have enacted sex offender DNA database laws
- 27 state DNA databases include violent crimes
- 14 state DNA databases include burglary
- 6 state DNA databases to include all convicted felons
- The American Civil Liberties Union (ACLU) and the Criminal
Defense Bar organize to oppose all felons legislation
Time-Line (continued)
2000 - Congress enacts the DNA Backlog Elimination Act (appropriates
$140 million to states for DNA analysis)
2001 - Preliminary data showing the success of the Virginia DNA
database is released
- ACLU decides not to oppose all felons legislation
- A surge in all felons legislation occurs - 7 more states enact
laws, for a total of 14 states with all felon laws
2002 - All felons legislation surge continues - 8 more states laws, for
a total of 22 states with all felon laws
- Continued reliance on both Virginia data and federal funds
- Congress positioned to pass additional DNA legislation
- Virginia enacts legislation requiring DNA from arrestees
The Recent Trend To All Felons
1998 - 5 States
1999 - 6 States
2001 - 14 States
2000 - 7 States
2002 - 23 States
2007 - 45 States (est.)
assuming data and funding
all felons vs.
ALL FELONS
Impacts of Legislation
5,600 annually
Felons serving time in prison
5,600 annually
Felons serving time in jail
15,000 annually
Juveniles
7,952 annually
Felons on community corrections
840 annually
Retroactive Prison
6,1000
Retroactive Jail
1,863
Retroactive Probation/Parole
10,300
Total impact of
all felons legislation
Total impact of
ALL FELONS legislation
5,600 annually
23,792 annually
18,263 retroactive
42,055 in first year
Data based on Washington State figures
What Drives All Felons
Legislation?
1. State agency advocacy
2. Federal Funding
3. Law Enforcement Association Advocacy
4. ACLU and Criminal Defense Bar Neutrality
Casework Overview
General statement - The backlog of DNA cases
could be in the hundreds of thousands.
Furthermore, law enforcement is not routinely
collecting and pursuing casework on new cases
Why is casework not aggressively
pursued by law enforcement?
1. Limited offender database size in most states
2. Law enforcement is still learning about DNA
3. Lack of funding
4. Forensic science is historically centralized at
the state level
The Next Five Years:
Goals for DNA Advocates
1. All felons databases in all but a few states
2. Casework backlogs cleared
3. Routine casework at all relevant crime scene
State legislators
State agencies responsible for crime labs
Congress
US Department of Justice
Law enforcement/Prosecutors
City and County government
To Achieve Goals,
Decision Makers Must:
 Have
 Be
comprehensive data
educated
Policy Makers Want
DATA, FACTS, NUMBERS...
Four questions policy makers want answered
1. What does passing DNA database expansion legislation do to the
odds of solving a particular crime?
2. With funding to complete all DNA casework (past, current,
future) how many crimes will be solved? This would include an
assessment of how many untested rape kits exist.
3. How many crimes, particularly rapes and homicides, could be
prevented if database legislation is passed and all
casework (past, current, future) is completed?
4. Will expanded databases and casework funding
create financial efficiencies for the criminal justice
system? What are the anticipated savings?
Virginia’s “Cold Hits” on the DNA Database
Identified Offender’s Prior Conviction
Sex Crime
6% (29)
Homicide/Abd/
Kidnapping
3% (13)
Wound/assault
7% (37)
Miscellaneous
19% (97)
Forgery/Uttering
4% (22)
Drug Possession
11% (58)
Drug Manufacturing
& Distribuion
7%
Burglary/B&E
Robbery/GL
43% (220)
Virginia’s “Cold Hits” on the DNA Database
Drug Possession Data
Miscellaneous
10% (6)
Sex Crimes
13% (23)
Assault
5% (3)
Homicide
26% (15)
Burglary
21% (36)
* Numbers as of October 31, 2001
Virginia’s “Cold Hits” on the DNA Database
Forgery Data
Sex Crime
36% (8)
Burglary
55% (12)
Homicide
9% (2)
* Numbers as of October 31, 2001
National Institute of Justice
is Seeking the Answers
 NIJ
is pursing a study on the four
questions raised.
 Early
data is expected by January 2003
Questions ?