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2003 LEGISLATIVE REVIEW Fourth Annual DNA Grantees Workshop Washington, DC June 24, 2003

This legislative review discusses the importance of expanding DNA databases for convicted offenders, focusing on the hit rate and its impact on the criminal justice system. It also explores the current trends in DNA database legislation, including the inclusion of all felons and emerging trends in testing arrestees. Presented by Smith Alling Lane, P.S.

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2003 LEGISLATIVE REVIEW Fourth Annual DNA Grantees Workshop Washington, DC June 24, 2003

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  1. 2003 LEGISLATIVE REVIEW Fourth Annual DNA Grantees Workshop Washington, DC June 24, 2003 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, JD Lisa Hurst tims@smithallinglane.com lhurst@smithallinglane.com

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

  3. ISSUE #1 CONVICTED OFFENDER DNA DATABASE EXPANSION 2003

  4. Why Is DNA Database Expansion So Important? It’s all about the “Hit Rate” 50% 40% 70% 60%

  5. What Would A 40-70% Hit Rate Mean To Criminal Justice? • Detection of many offenders • Permanent Investment in DNA programs by political budget writers (Federal, State and Local)

  6. 2003 – 30 States Legislation pending in 6 states The Recent Trend To All Felons 1998 - 5 States 1999 - 6 States 2000 - 7 States 2002 - 23 States 2001 - 14 States 2006 - 45 States (est.) -- assuming data and funding

  7. 2003 Legislative Session: DNA Database Expansion Bills * * * Currently an all-felons state (23) Pending all felons legislation (6) Enacted all felons legislation in 2003 (7) Introduced but failed to pass limited expansion legislation (1) * Failed to pass all felons legislation (7) Addressed sunset provisions in database statute

  8. State DNA Database Statutes(As of June 20, 2003)

  9. 2003 DNA Database Legislation(As of June 20, 2003)

  10. Perfecting Existing All Felons Statutes “All Felons” states that are not ALLFELONS: • Not Retroactive Colorado Delaware Georgia Iowa Minnesota Tennessee Texas Wisconsin • No Juveniles Delaware Iowa Maryland Mississippi • No Jailed Offenders Colorado Georgia Texas • No Community Corrections Colorado Maine Texas

  11. Emerging Database Trends Misdemeanor Convictions • Some states require DNA from specific misdemeanors Alabama, Arkansas, Arizona, Kansas, Iowa, Louisiana, Maine, Maryland, Michigan, Minnesota, New Jersey, Ohio, Oregon, Washington • Misdemeanor pleas if originally charged with a qualifying felony offense • Repeat violent offenders; Multiple misdemeanor convictions • Lewd and lascivious conduct; Indecent exposure; Public indecency • 3rd degree sexual abuse; Elder abuse • Menacing; Harassment; Stalking • Animal Cruelty • Prostitution & Soliciting prostitutes • Peeping • False imprisonment • 4th degree burglary

  12. Emerging Database TrendsMisdemeanor Convictions • Connecticut HB 5353 – All misdemeanor convictions • Not passed • Louisiana (multiple) – prostitution, soliciting a prostitute, peeping toms, numerous battery and assault crimes • Enacted 2003 Legislation • New Jersey (multiple) – any crime with a 6 month sentence • Enacted • Oregon SB 729 – Class A misdemeanors. • Not passed • Vermont HB 133 – caregiver sex abuse, poss. of child porn • Not passed

  13. Emerging Database TrendsExpanding Advocacy • Advocacy for expanded DNA programs • is growing from new corners • Victims Massachusetts and Louisiana bills have strong victim support • Victims Associations John Walsh joins New York Governor’s push for all felons • National Attorneys General Association NAGA President (California AG Lockyer) will be focusing on law enforcement technology, including DNA • National Governor’s Association NGA scheduled to discuss DNA programs at this summer’s meeting • International Association of Chiefs of Police Spring 2003 DNA Summit with OJP

  14. ISSUE #2 THE BEGINNING OF ARRESSTEE TESTING

  15. Arizona (2002, 2003) - All arrests Colorado (2003) - Felony arrests Connecticut (2000) - Fingerprintable arrests Louisiana (2003) – Felony arrests Nevada (2003) - Volunteered and court ordered samples into CODIS New York (2001,2002,2003) – Fingerprintable arrests North Carolina (2001,2002) – Certain felony arrests Texas (2001) – Certain felony arrests and indictments Virginia (2002) – Violent felony arrests Recent Arrestee ProposalsFelony Arrests

  16. Enacted Arrestee DNA Testing All felony arrests No expungement requirement No sample destruction requirement Certain felony indictments, or upon arrest if previous conviction for a qualifying offense Expungement required Sample destruction required Violent felony arrests after determination that probable cause exists for the arrest Expungement required Sample destruction required

  17. Louisiana Senate Bill 346Raising the Bar • SB 346(enacted) gives Louisiana the strongest DNA law in the US: • All felony arrests • Some misdemeanor arrests • No expungement requirements • Influence of the “Baton Rouge Serial Murders” on passing SB 346?

  18. Future of Arrestee DNA Legislation • Louisiana’s SB 346 might be the exception. Other states may have to compromise. • Consider the following strategies to diminish opposition Limit to violent and sex crimes Require expungement if suspect is not convicted Require sample destruction after profiling is complete

  19. Future of Arrestee DNA Legislation Issues to consider with arrestee testing • Limiting testing to violent arrestees will reduce hit rates • Expungement requirements can mean multiple collections from and analyses of the same offender • Expungement requirements can create a significant administrative burden in determining offender status • Local collection burdens include costs and adequate training and protocols • Federal funding is limited to convicted offenders • Arrestees cannot be uploaded to national index

  20. ISSUE #3 2003 FEDERAL LEGISLATION “THE PRESIDENT’S DNA INITIATIVE”

  21. President Bush’sDNA INITIATIVE Announced March 2003 To be overseen by US Department of Justice (NIJ)

  22. DNA INITIATIVEFunding Measures BILLION $1 over five years $232.6 million requested for FY 2004 • Eliminating Backlogs $92.6 million Casework Backlogs $76.0 Offender Backlogs $15.0 Federal Offenders $1.9 • Crime Lab Capacity $90.4 million Public Lab Capacity $60.0 FBI Forensics $20.5 CODIS $9.9 • Research & Development $24.8 million • Improving DNA $10.0 • FBI R&D $ 9.8 • Demonstration projects $ 4.5 • Nat’l For. Sci. Commiss. $ 0.5

  23. DNA INITIATIVEFunding Measures • Criminal Justice Training $17.5 million • Law Enforcement $3.5 • Prosecutors, Defense, Judges $2.5 • Corrections, Probation, Parole $1.0 • Forensic Scientists $3.0 • Medical Services $5.0 • Victim Services $2.5 • Post Conviction Issues $5.0 million • Missing Persons $2.0 million

  24. DNA INITIATIVEPolicy Measures • Expand state databases to include all felons • Expand federal database to include all felons • Apply expanded database statutes retroactively, to include those “under supervision” • Allow inclusion of other DNA samples “collected under applicable legal authority”

  25. Sen. Orrin Hatch (R-UT) Judiciary Committee Chair Rep. James Sensenbrenner (R-WI) Judiciary Committee Chair 2003 FEDERAL DNA LEGISLATION Senator Hatch is currently drafting the President’s DNA Initiative into his own legislation Other DNA bills introduced in the 2003 Senate: S. 149 - Rape Kits and DNA Evidence Backlog Elimination Act Senator Mike DeWine (R-OH) S. 152 - Sexual Assault Justice Act Senator Joseph Biden (D-DE) S. 22 - Justice Enhancement and Domestic Security Act Senator Tom Daschle (D-SD) Congressman Sensenbrenner is currently drafting the President’s DNA Initiative into his own legislation Other DNA bills introduced in the 2003 House: H.R. 537 - DNA Database Completion Act of 2003 Representative Robert Andrews (D-NJ) H.R. 1046 - Debbie Smith Act of 2003 Representative Green (R-WI) HR 1705 - DNA Database Enhancement Act Representative Adam Schiff (D-CA) H.R. 2110 - Emergency DNA Backlog Elimination and Self Defense from Serial Killers Act of 2003 Representative David Vitter (R-LA)

  26. 2003 FEDERAL DNA LEGISLATION Judiciary Committee Bills: • Hearings to begin soon • Authorization for full funding is likely • Appropriation for full funding is unknown • Provision for samples “collected under applicable legal authority” will be debated. • Other provisions being considered: • Local option to apply for casework funding • Convicted offender grants to include collection costs

  27. ISSUE #4 THE FUTURE OF DNA FUNDING

  28. The Future of DNA Funding • Federal • Funding will likely peek in 2008 • State • Stable funding for databasing and some unsolved casework • Local • The United Kingdom experience suggests that the costs of aggressive unsolved casework will eventually rest with local government • In 2003, Florida and California state budget proposals included provisions to require local payment for forensic testing • Many regional crime labs already charge for services

  29. ISSUE #5 NIJ ASSESSMENT

  30. Forensic DNA Assessment Project NIJ Grant Conducted by Smith Alling Lane, in partnership with Washington State University Project Goals …to provide a general assessment of the use of forensic DNA by law enforcement …to give a base from which extrapolations may be made projecting the national DNA backlog (not a national census) …to educate on the importance of expanded, operational forensic DNA programs and databases

  31. Forensic DNA Assessment Project Final Report Topics • Backlogs • How big is it • Why do we have them • Related growth problems • Storage • Education • Effectiveness of DNA programs • CODIS data (solving crimes, preventing crimes) • Efficiencies & costs • Comparative analysis to the United Kingdom

  32. TIMELINE • Numbers being delivered to NIJ in June • Final Report to NIJ in July Forensic DNA Assessment Project Assessment questionnaire sent to • State DNA labs • Local DNA labs • Local law enforcement agencies • All agencies with 100 or more officers (approximately 1000). • A statistically valid sampling of remaining agencies (approximately 2000). • Indian tribes

  33. THANK YOU LABS!! • Near 100% response rate from DNA crime laboratories! • Continuing harassment of missing laboratories should ensure 100% response

  34. Questions ? www.dnaresource.com lhurst@smithallinglane.com

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