Tim Schellberg tims@gth-gov

1. AAFS Applied Biosystems 12th Annual Users ForumGovernmental Affairs Program UpdateFebruary 21,2007San Antonio, Texas Presented by: Gordon Thomas Honeywell – Governmental Affairs Washington, DC (202) 258-2301 Tacoma, WA (253) 620-6500 Tim Schellberg tims@gth-gov.com

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

4. THE LEGISALTIVE PUSH FOR ALL CONVICTED FELONS (2000-2006) • 6-year policy effort was quickly adopted by nearly every State Legislature. • Data, such as increased hit rates and victim and law enforcement support, caused the quick response.

5. 1999 - 6 States required DNA from all convicted felons All Convicted Felons States 2006 - 44 States require DNA from all convicted felons

6. 2000/2001 567,000 database samples over five years Georgia (2000) Colorado Florida Michigan Montana Oregon Texas Arizona Illinois Iowa Kansas Minnesota Utah Washington 2002 370,000 database samples over five years 2003 334,000 database samples over five years 2004 420,000 database samples over five years 2005 350,000 database samples over five years Alaska Arkansas Connecticut Louisiana Massachusetts Mississippi New Jersey North Carolina South Dakota North Dakota Hawaii Oklahoma Indiana Vermont Ohio Pennsylvania California Missouri Rhode Island South Carolina West Virginia Results of All Convicted Felons Effort Enacted Legislation 2000-2006 2006 200,000 database samples over five years New York To Date Over 2 million offender samples have been created by all felon legislative efforts

7. New York Legislation The Effect of Victim Advocacy

8. New York State Draws Nearer to Collecting DNA in All Crimes NY officials and mayor ask lawmakers to expand DNA collection Mayor Wants the Democrats To Allow More DNA Collection New York's DNA Bill Jumps Back In The Spotlight Victims: All Criminals Should Have To Submit Samples Bloomberg's DNA MAYOR WANTS DNA BLITZ ON ALL CROOKS Test DNA of every convict; Mike says it'll stop rapes Bloomberg y fiscales quieren ADN de todos los delincuentes DNA from more offenders sought New York Event Media Coverage

9. Other Convicted Felons States Legislation introduced for 2007

10. Other Convicted Felons States Legislation introduced for 2007.

11. Other Convicted Felons States “Big Brother” (far-right) concerns

12. Other Convicted Felons States ACLU (far left) concerns with genetic privacy Legislation introduced for 2007

13. Other Convicted Felons States Powerful legislator with strong civil liberty interests has defeated all major expansion bills

14. Other Convicted Felons States ACLU (far left) concerns with genetic privacy

15. WHAT’S NEXT FOR DATABASE EXPANSION? It appears to be arrestee testing

16. 2002 - 3 States 2001 – 2 States 2004 - 4 States 1997 – 1 State 2005 - 5 States 2006 - 6 States (to date) Trend To Arrestees?

17. 8 offenders 60 unnecessary victims Support for Arrestee Legislation Chicago study of 8 offenders 60 preventable violent crimes, including 30 rapes and 22 murders Offenders accounted for 21 prior felony arrests, only 7 of which were violent felony arrests – two-thirds of prior arrests were for non-violent felonies.

18. Sen. Jon Kyl (R-AZ) DNA Fingerprint Act (S. 1606) Department of Justice Reauthorization Act (HR 3402. ) • Offender backlog grants may be used for samples collected under “applicable legal authority” • Opens NDIS upload to any DNA sample collected under “applicable legal authorities” (prior law required non-convicted offenders to be charged in an indictment) • US Attorney General may require DNA samples for anyone arrested or for any non-US resident detained under federal authority

19. Arrestee DNA Database Legislation 2006 through 2007 2006 – 11 states introduced arrestee legislation 2007 – 21 states have introduced arrestee legislation

20. 2007 Arrestee Legislation

22. States with Initiative Authority Indirect Initiative (Legislative consideration first) Maine Massachusetts Michigan Nevada Ohio Direct Initiative (Directly onto ballot) Alaska Arizona Arkansas Colorado Idaho Missouri Montana Nebraska North Dakota Oklahoma Oregon South Dakota Utah Washington Wyoming

23. VICTIM BASED ADVOCACYCalifornia and New Mexico

24. FEDERAL LEGISLATION & BUDGETS

25. Illegal Immigration and Federal Arrestees Database • DHS and the FBI are on pace to implementing in 2008. • Regulations currently being drafted • $22 Million in the President’s Budget to Implement • Supporters watching potential legislative repeal attempts

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

27. President’s Budget 2008 Proposal • No separate DNA grant • Byrne Public Safety Program Grants funded at $350 million – DNA is 1 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

28. Victim Groups Advocating for Full Funding

29. Reauthorization of Federal DNA Funding • Authorization of Debbie Smith DNA Backlog Grant funds to expire in 2009 • President’s DNA Initiative – 5 year program ends in 2008

30. Questions ? www.dnaresource.com tims@gth-gov.com casplen@gth-gov.com lhurst@gth-gov.com