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Forensic DNA Legislative Update Summer 2007

Forensic DNA Legislative Update Summer 2007. Presented by: Gordon Thomas Honeywell Governmental Affairs Tacoma, WA (253) 620-6500 Washington, DC (202) 258-2301 Seattle, WA (206) 676-7500. Tim Schellberg tims@gth-gov.com Lisa Hurst lhurst@gth-gov.com.

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Forensic DNA Legislative Update Summer 2007

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  1. Forensic DNALegislative UpdateSummer 2007 Presented by: Gordon Thomas Honeywell Governmental Affairs Tacoma, WA (253) 620-6500 Washington, DC (202) 258-2301 Seattle, WA (206) 676-7500 Tim Schellberg tims@gth-gov.com Lisa Hurst lhurst@gth-gov.com

  2. Gordon Thomas Honeywell Government Affairs Tacoma, Washington Washington, DC Seattle, Washington

  3. DATABASE LEGISLATION

  4. 1999 - 6 States required DNA from all convicted felons All Convicted Felons States 2007 – 45 States require DNA from all convicted felons

  5. Legislative Push to All Felons (2000-2006) • Simple policy message in the state legislatures. • Little advocacy by victims and law enforcement. • Most state crime laboratories were hesitant. • Credit goes to the Federal Government, DNA Commission on the Future of DNA Evidence and their “Groupies”, and local prosecutors. • Opponents (ACLU and Defense Bar) mostly quiet after 2001. • “Pass it and the money will come” was an essential strategy. • Congressional backlog money was also essential.

  6. Arrestee DNA Database Legislation 2006 through 2007 2006 – 11 states introduced arrestee legislation 2007 – 26 states introduced arrestee legislation

  7. Arrestee DNA Database Legislation 2007 Status Enacted arrestee law in prior years (7) 2007 Legislation did not pass (21) Enacted arrestee in 2007 (4)

  8. 2007 DNA Database Legislation

  9. Legislative Push to Arrestees (2006-?) • A much more complex policy issue. Will take longer than six years. • Cost issues are significant. Identification of funding sources and cost benefit analysis must be pursued for justification. • Will take crime lab leadership and partnerships with private labs. • Victims are becoming more involved. Law enforcement is still largely MIA. • Prevention data is essential (i.e. the Chicago Study). • Opponents (ACLU & Defense Bar) are more active. • Strategy and compromise will be essential, such as: • Profile purge/sample destruction • Violent crimes only • Threats of Voters Initiatives • Permanent funding source

  10. New Mexico New leader for advancing arrestee legislation: Jayann Sepich

  11. May Mar Apr Feb SOUTH CAROLINA2007 Arrestees Effort Interim 2006 Senate Task Force Considers Arrestee Testing January 2007 Senate bill for ALL arrestees introduced House bill for felony arrestees introduced (Katie’s Law) January 2007 Senate Committee amended to felony arrestees January 2007 Senate President amends to ALL arrestees, passes Senate Commitment for funding February 2007 House Committee hearing Privacy Concerns…

  12. SOUTH CAROLINA May 31 Senate amends House bill on background checks for EMTs to include felony arrests June 7ADJOURNMENT DAY (5 PM) House accepts arrestees with further amendment on collection Senate agrees to House amendment June 18 Governor Veto Republican-Libertarian Constitutional concens June 19 House Veto Override vote fails (43-65) Human cloning and racial profiling concerns June 20 Senate leadership and law enforcement lobbying leads to second override vote…

  13. SOUTH CAROLINA House votes to OVERRIDE veto (61-52) BUT…”Super” majority (2/3) needed for override Still 15 votes short for override

  14. May Mar Apr Feb ARIZONA Judiciary Chairman introduces a bill for ALL arrestees Increases “public safety fee” from 3% to 8% Passes policy and fiscal committee with concerns in February Dueling editorials Rules committee refuses to release bill

  15. ARIZONA DAILY STAR Expand DNA Database for Everyone’s Safety Founder and President of Rape Abuse Incest National Network (RAINN) March 7, 2007 The Arizona Daily Star's Feb. 8 editorial, "Expanding state DNA database is impractical now," suggests that the Arizona Senate's proposed DNA bill would "theoretically help solve crimes faster." In fact, we know from hard experience that an expanded database not only would solve many existing cases, but would also prevent many horrific crimes from happening in the first place… Expanding State Database is Impractical Now February 8, 2007 Our view: DPS testing facilities must be expanded to handle the existing backlog A proposal to require that anyone arrested in Arizona submit a DNA sample for a database could theoretically help solve crimes faster, but the idea is impractical, costly and may infringe on the civil liberties of innocent citizens…

  16. ARIZONA May 31 Rules Committee releases the bill June 7 Caucuses vote in favor of the bill E-mail chain started for Grassroots support June 18 Arrests provision amended into criminal justice budget Passes Senate June 19 Passes House June 20ADJOURNMENT DAY

  17. Please read this message and help prevent rape and murder in Arizona!!  Then forward it to everyone you know. My friend's daughter Katie Sepich, a beautiful 22 year old graduate student at New Mexico State University, was raped, murdered and set on fire in August of 2003. As a result my friend and his wife, Dave and Jayann Sepich, learned more than they ever wanted to know about our criminal justice system. They learned that DNA is NOT being taken upon arrest, as are fingerprints. After much research, they learned how DNA can be used not only to solve crimes, but prevent crimes and save lives. They fought to have a law passed in New Mexico, called “Katie’s Law” that mandates that DNA be taken upon certain felony arrests. This law went into effect in New Mexico in January of this year. They are now fighting to see similar laws passed in all fifty states. As of today, eleven states have a law requiring DNA upon felony arrest. Arizona is not one of them… …My friend's daughter, Katie was a beautiful, vivacious, incredibly wonderful young woman. There is nothing we can do for her now. But we can fight to pass laws that will save other young lives. DNA is truth. It was DNA that solved Katie’s murder. The man that killed her, Gabriel Avila, was arrested for aggravated burglary less than three months after he killed Katie. Had his DNA been taken upon his arrest, Katie’s murder would have been solved then and there. Unfortunately our family had to wait over three years for an answer. Avila skipped his bail and it wasn’t until December of 2006 that Katie’s murder was solved. Just this May, Avila was put in prison for his crimes and will not be eligible for parole for at least 68 years. The one thing that haunts us, however, is whether or not he harmed other young women in the time he was on the run after he was arrested for the burglary and before he went to prison for Katie’s murder. We will never know. But we do know that there are eleven states that have passed laws that will save the lives of thousands. Arizona needs this law now!! Thank you for your time and effort. We all have children and grandchildren, nieces and nephews in our lives that mean the world to us. This law could truly save the life of someone dear to you. Please forward this e-mail to everyone in your address book.

  18. Arizona Crimes added: Homicide Manslaughter 1st & 2nd Degree Murder Indecent exposure Public sexual indecency Sexual abuse Sexual contact with a minor        Sexual assault Child molestation Bestiality 1st and 2nd degree burglary Keeping or residing in a house of prostitution Prostitution Portraying adult as minor Incest Soliciting abortion through a weapon 4% increase in public safety fee granted (more than doubles current funding). Excess offender DNA testing funds will be “banked” for a new databasing laboratory

  19. Illegal Immigration and Federal Arrestees Database • DHS and the FBI are on pace to implementing in 2008. • Immigration Database – 350,000 annual samples estimated • Federal Arrestees Database – 250,000 annual samples estimated • Regulations currently being drafted. • Supporters watching potential legislative repeal attempts

  20. NEXT STOP…

  21. CONGRESSIONAL FUNDING

  22. Congressional Funding Results (in $ millions) for federal DNA funding:

  23. President’s Budget 2008 Proposal • Noseparate DNA grant • Byrne Public Safety Program Grants funded at $350 million – DNA is one of 6 broad purpose areas: (1) reducing violent crime at the local levels through the Project Safe Neighborhoods initiative; (2) addressing the criminal justice issues surrounding substance abuse through drug courts, residential treatment for prison inmates, prescription drug monitoring programs, methamphetamine lab cleanup, and cannabis eradication efforts; (3) promoting and enhancing law enforcement information sharing efforts; (4) improving the capacity of State and local law enforcement and justice system personnel to make use of forensic evidence and reducing DNA evidence analysis backlogs; (5) addressing domestic trafficking in persons; (6) improving and expanding prisoner re-entry initiatives; and (7) improving services to victims of crime to facilitate their participation in the legal process. • Grants to be awarded competitively • BJA is historical administrator for Byrne Grants

  24. DNA Funding for FY08 Senate Proposal $174 million $151 million – Debbie Smith Act Backlog Grants $5 million – Post conviction grants $6 million – DNA training and education for law enforcement, correctional personnel, and court officers $5 million – Research and development $2 million – Missing persons $5 million – NIJ for forensics & DNA House Proposal $174 million (?) FINAL PROPOSAL

  25. Federal DNA Funding Reauthorization DNA grant authority to EXPIRE in FY 2009

  26. Will Your Lab Be Ready? Politicians need facts, figures, statistics and sound-bites Don’t wait until it’s too late

  27. Denver Statistics(Sample of data needed to persuade politicians to spend money on DNA programs) • Identified over 40 prolific burglars since November 1, 2005. (A prolific burglar commits an average of 243 cases per year.) • Burglary with DNA has a prosecution rate 5 timeshigher than cases without DNA. • Average sentence for burglars linked to DNA is over 12 yearsin prison (compared to 6 months without DNA evidence). • A recent case after police arrested one man - who later admitted to over 1000 burglaries – the burglary rate in the neighborhood dropped about40%.

  28. Other Emerging Policy Issues

  29. “Other” Database Expansion Misdemeanor Convictions Option for states where arrestees is not politically viable. New York added significant number of misdemeanors in 2006, considering all misdemeanors in 2007. New Jersey includes all crimes with 6 month sentence. • Homicides • IL HB 991 -- Permits DNA from homicide victims • Louisiana successes • Missing Persons • Significant effort by US DOJ • National Missing and Unidentified Persons Initiative www.namus.gov • Model Legislation • NIJ grant to UNT for free testing

  30. CASEWORK TURNAROUND… THE MISSING PIECE? Washington State 30-Day Stranger Rape Kit ProjectComing soon to a city or state near you? • Guarantees a 30 day turnaround time for all no-suspect stranger rape kits (from date of receipt by lab) • Analyzed AND uploaded Liaison from Washington Association of Sheriffs and Police Chiefs to work daily with law enforcement throughout state for timely submission of rape kits. Need partnerships with private labs

  31. 30-Day Turnaround Time…Early Success Feb. 5, 2007 11 year old raped at knife point in her bed SUSPECT #1: David Lynch • Lived in an “elaborate underground bunker” in nearby woods, journals found in bunker described fantasies of hunting children • Feb. 6 -- Arrested for the rape • Feb. 19 -- NO DNA MATCH • Prosecutor: “All the other kinds of evidence pointed pretty strongly at him. The DNA was clearly not his. We knew at that point it was time to refocus the investigation.” CIVIL COMMITMENT • SUSPECT #2: Peter Inouye • Tips on sketch matches a neighbor who recently shaved • Domestic violence protection order and concealed weapon charges • Feb. 21 – Surveillance collects suspect’s spit from the street for DNA tests • Feb. 25-- DNA MATCH • Trial pending…

  32. Familial Searching Mitch Morrisey Denver District Attorney Is everyone a suspect? If your brother’s done some time, don’t do the crime… Is clear state and/or legislative authority needed?

  33. Questions ? www.dnaresource.com tims@gth-gov.com

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