Transcript Academy of Forensic Sciences

FORENSIC DNA
LEGISLATIVE UPDATE
American Academy
of Forensic Sciences
Presented by:
Smith Alling Lane, P.S.
Tacoma, WA (253) 627-1091
Washington DC (202) 258-2301
London, England 20 7240 1512
February 13, 2002
Atlanta, GA
Tim Schellberg, J.D.
[email protected]
The March To All Felons
1998 - 5 States
1999 - 6 States
2001 - 14 States
2000 - 7 States
2002 - 30 States Pending
2005 - 40 States (est.)
Why the Change in
All Felon Legislation?
New Data
Virginia - “We have had over 500 case-tooffender hits and 85% of those hits
would have been missed if Virginia only
collect from violent offenders.”
Dr. Paul Ferrara, Director of Virginia Division of Forensic Science
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)
* Numbers as of October 31, 2001
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
Why the Change in
All Felon Legislation? (cont.)
Acceptance by ACLU and Criminal Defense
Bar
 Recognition that larger databases have the
power to exonerate.
Slowly becoming a priority for law
enforcement associations
Federal Funding
Federal Funding
 DNA Backlog Elimination Act




2001
2002
2003
2004
-
$35
$35
$40
$40
million
million
million EST.
million EST.
 2002 solicitation - $25 - $30 million for
offender samples
 Talk of bigger money on the horizon
Legislative Strategies
and Policy Issues
 All felons legislation in tough
times
How legislators are getting the fiscal note
under control:
Buccal vs. Blood
Collect now analysis later - positioning for the
federal money
What about the administrative costs?
Legislative Strategies
and Policy Issues (cont.)
 Legislators are pushing for the
following:
Felons in jail too, not just prison
Retroactive (prison and jails)
Community corrections included after effective date
Juveniles
 Legislature vs. Agency - Fear of
untested samples
 Arrestee testing
QUESTIONS