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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. tims@smithallinglane.com Lisa Hurst lhurst@smithallinglane.com. FORENSIC DNA DATABASES Legislative Update - 2002. Smith Alling Lane

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FORENSIC DNA DATABASES Legislative Update - 2002

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  1. 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. tims@smithallinglane.com Lisa Hurst lhurst@smithallinglane.com FORENSIC DNA DATABASES Legislative Update - 2002

  2. Smith Alling Lane A Professional Services Corporation Governmental Affairs Attorneys at Law

  3. DNA Database Laws As of 2001 Sex Offenders (50) Violent Crimes (45) Burglary (33) All Felons (14)

  4. DNA Database ExpansionLegislative 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

  5. 2002 Passed All Felons Bills (9)

  6. 2002 Enacted Limited Expansion Bills (6) PreviouslyNow Kentucky Sex offenders only murder, burglary, offenses against children New Hampshire Sex offenders only murder, assault, arson, robbery Ohio Sex crimes, murderassault, 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

  7. 2002 All Felons Bills Pending (2)

  8. 2002 All Felons Bills Failed (9)

  9. Bill Tracking List

  10. State DNA Statutes

  11. 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)

  12. 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)

  13. Federal Legislation (cont.) • Relevant Provisions 1. Convicted Offender Reauthorization $15 million 2003 $15 million 2005 $15 million 2004 $15 million 2006 $15 million 2007 2. Unsolved Casework Reauthorization $75 million 2003 $75 million 2005 $75 million 2004 $75 million 2006 $25 million 2007 3.Local Agencies May Apply Directly for Unsolved Casework Grants 4. Assessment (Study) of Rape Kit Backlog

  14. 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

  15. 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

  16. 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

  17. 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

  18. 1998 - 5 States 1999 - 6 States 2000 - 7 States 2001 - 14 States The Recent Trend To All Felons 2002 - 23 States 2007 - 45 States (est.) assuming data and funding

  19. 5,600 annually 5,600 annually all felons vs. ALL FELONSImpacts of Legislation Felons serving time in prison 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 23,792 annually 5,600 annually 18,263 retroactive 42,055 in first year Data based on Washington State figures

  20. What Drives All Felons Legislation? 1. State agency advocacy 2. Federal Funding 3. Law Enforcement Association Advocacy 4. ACLU and Criminal Defense Bar Neutrality

  21. 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

  22. Decision Makers 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

  23. To Achieve Goals, Decision Makers Must: • Have comprehensive data • Be educated

  24. 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?

  25. Virginia’s “Cold Hits” on the DNA DatabaseIdentified Offender’s Prior Conviction

  26. Virginia’s “Cold Hits” on the DNA DatabaseDrug Possession Data * Numbers as of October 31, 2001

  27. Virginia’s “Cold Hits” on the DNA DatabaseForgery Data * Numbers as of October 31, 2001

  28. 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

  29. Questions ?

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