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Forensic DNA Databases: A Global Update ISFE Conference N ovember 10 , 2009 Kuala Lumpur, Malaysia

Forensic DNA Databases: A Global Update ISFE Conference N ovember 10 , 2009 Kuala Lumpur, Malaysia. Presented by: GORDON THOMAS HONEYWELL Governmental Affairs Washington, DC (202) 258-2301 Tacoma, WA (253) 620-6500. Tim Schellberg tims@gth-gov.com.

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Forensic DNA Databases: A Global Update ISFE Conference N ovember 10 , 2009 Kuala Lumpur, Malaysia

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  1. Forensic DNA Databases:A Global UpdateISFE ConferenceNovember 10, 2009Kuala Lumpur, Malaysia 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 Washington, DC Tacoma, Washington

  3. International.DNAresource.com • Comprehensive and up-to-date information on DNA database programs worldwide. • Color-coded for easy recognition of database status • Country profiles include DNA database criteria and technical specifics • Continuously updated resources to include laws, amendments, news articles, and other external information

  4. Offender DNA Databases • SOLVE MORE CRIME • PREVENT MORE CRIME • EXONERATE THE INNOCENT • COST / BENEFIT

  5. Offender Database Size Controls the “Hit Rates” Estimates Sex offenders 5% Sex offenders & Violent offenders ____ 10% Sex offenders, Violent offenders and Property crimes 20% All crimes, minus minor crimes 40% All crimes 50% All arrestees 60% Whole Population_________________________________90-99%?

  6. 5 STAGES OF FORENSIC DNA PROGRAMS Global Observations

  7. Named suspect-to-crime scene evidence only – NO DATABASE

  8. Named suspect-to-crime scene casework only, no database Databases without offenders Suspects and crime scenes compared against crime scene databases (some suspect databases too)

  9. Named suspect-to-crime scene evidence only – NO DATABASE Databases without offenders Offender Database Legislation The essential element: No database legislation means no significant casework testing

  10. Named suspect-to-crime scene casework only, no database Offender Database Legislation Offender Database Legislation • Unsolved Casework Demand • Increases as database grows – Higher Hit rates encourage more non-suspect demand.

  11. Named suspect-to-crime scene casework only, no database Offender Database Legislation Unsolved Casework Demand Unsolved Casework Demand Urgency (turnaround time)

  12. North America Central America South America Europe Middle East Africa Asia Australia & Oceania GLOBAL LEGISLATIVE UPDATE

  13. North America

  14. Offender Database Legislation 2009 - 47 States require DNA from all convicted felons 2009 - 21 States require DNA from arrested offenders

  15. United States Database Size • 3 Federal, 50 state, and over 70 local databases • Common themes exist, but all 50 States have separate database laws • 7.3 million offender samples • 281,000 crime scene samples • 47 States collect from all convicted felons, except minor crimes • Remaining 3 States collect from all violent crimes and burglary • 21 States collect DNA from arrested offenders • Profile Removal: • Convicted offenders – No (unless conviction is overturned) • Arrested offenders – Yes • Sample Destruction: NO – Aggressively Opposed in the US

  16. United States Funding • States fund most of the costs • $1.5 Billion federal investment (Grants to the States) Problems • Backlogs are significant: Private labs vs. building public lab capacity • Still looking for a shift in law enforcement collection habits • Turn around time lags far behind United Kingdom • Privacy challenges with arrestee samples • Local governments generally don’t pay for testing

  17. Europe

  18. Database Size One national database – 4.8 million offender samples Database formerly operated by the Forensic Science Service (FSS), but transitioned to the National Policing Improvement Agency (NPIA) in 2009 Law requires permanent databasing of all people arrested Nearly 556,794 Crime Scene samples Hit Rate is currently 56.3% See the UK annual report at http://www.npia.police.uk/en/14395.htm Funding Strong financial support from national government to operate NPIA Local governments also invest heavily in casework Collection and Casework Aggressive crime scene casework Adds an average of 953.3 profiles to the crime scene database each week Over 1,042 crime scene to crime scene or suspect to crime scene hits each week United Kingdom

  19. The Marper ChallengeDeciding the issue of arrestee DNA retention in Europe • S. and Marper v. The United Kingdom (Dec. 2008) • European Court of Human Rights • FINDING: Permanent retention of arrestee DNA samples a violation of privacy under the European Convention of Human Rights • UK must develop new policies. • United Kingdom’s Home Office Response • Retain arrestee suspect profiles for up to 12 years depending on severity of the crime. • Parliament • Reject Home Office’s proposal. Negotiations pending.

  20. Remaining European COUNTRIES Current Database Laws • Most countries have databases • Extensive purging required • Database size varies • Over 50% using CODIS software The Future of European Databases • Strong recognition that the future is suspect databases • European-wide searches through the Prum Treaty • New European Union requirement for each Member Country to have DNA database laws

  21. ENFSI DNA Database Overview as of April 2009

  22. Software used by ENFSI Member Countries

  23. New Legislation 2009!EUROPE Russia • New law effective January 2009, but not operational until 2010 • Convictions for serious crimes and unidentified bodies • Removal of profile only upon death (or at 100 years of age) • The law, National Genetic Registration in Russia (О государственной геномной регистрации в Российской Федерации) N 242-FZ available here Italy • Passed new database law in June 2009 to strengthen criminal investigations and for Prüm Treaty compliance • Convicted offenders and suspect profiling when request by judge • Text of the law, N. 586-905-955-956-960-B can be accessed here

  24. New Legislation 2009!EUROPE • Greece • Identification Law 3783/2009 approved July 2009 and entered into force on August 7, 2009 • Crimes punishable by 3 + months imprisonment • Convicted profiles held until death, suspects destroyed on acquittal • Official law can be viewed here • Ireland • Criminal Justice (Forensic Sampling and Evidence) Bill is currently before the Dáil Éireann, the lower house. • Likely to pass by the end of the year • Includes provisions for crimes scenes, suspects, convicts, volunteers, mass screenings, missing persons, and “evidential” tests • Exclusionary DB for crime scene and laboratory personnel

  25. Asia

  26. New Legislation 2009!ASIA • South Korea • Approved by the executive cabinet on October 20th the ‘DNA Bill’ (디엔에이 정보법) is currently before Parliament • Ruling Grand National Party supports the bill • Includes suspects and convicted offenders • Malaysia • New DB law entered into force in June of this year • Includes convicted, arrested, missing persons and detainee and voluntary • International cooperation provisions • Comprehensive privacy provisions • Retroactive for prisoners • Voluntary samples must be approved by senior officer • Arrestee samples and profiles must be destroyed if not convicted

  27. New Legislation 2009!ASIA India • India’s database legislation is in its second year of consideration. • The scope of the legislation is changing. The specifics are unknown at this time.

  28. Middle East

  29. New Legislation 2009!Middle East United Arab Emirates • On October 2, the UAE announced it will establish a national DNA database of residents • Currently samples are taken from suspected, convicted, and incarcerated criminals • The plan would be the first of its kind globally • Other uses include: identification of disaster victims, missing persons, paternity issues, as well as citizenship and immigration concerns. • The National Council may have to pass new legislation prior to implementation

  30. Australia & Oceania

  31. New Legislation 2009!NEW ZEALAND • The Criminal Investigations (Crime Scene) Bill (passed October 27) expands the national database • Permits investigators to collect samples from anyone they 'intend to charge'  • Previously, police could only take samples with consent, with judicial approval, or for crimes punishable by 7+ years imprisonment • Includes provisions for destruction of suspect samples • Full implementation expected in 2011 • Official text for the new law can be found here

  32. Africa

  33. New Legislation 2009!AFRICA • Mauritius • DNA Identification Act 2009 passed in late June • Includes convicted offenders and suspects • Suspect profile held up to 10 years • Official English text of law can be viewed here • South Africa • The Criminal Law (Forensic Procedures) Bill is currentlybefore Parliament • Includes provisions for crime scene, convicted offender, and volunteer and exclusionary profiles • Expected to pass; has significant support from the ANC • Nigeria • National DNA database bill passed second reading in the Senate on October 14th • Appears to have notable support given the high crime rates in the country.

  34. Central America

  35. South America

  36. New Legislation 2009!SOUTH AMERICA Brazil • BN 4335 establishes a DNA database • Currently limited to sex offenders • Legislation expected to expand to all convicted criminals • Brazilian Federal Police to run program.   Chile • Recent legislation to be implemented • Limited to violent convicted offenders • Crime lab being built for databasing • Database program to begin in 2010 Argentina • State of Cordoba passed legislation to allow a DNA database. Scope of the database to be developed administratively. • Federal government developing plan to introduce legislation.

  37. DNA ADVOCACY Law Enforcement, Prosecutors, Victims and Public Safety The force behind the growth

  38. The Debbie Smith Act The US Congress has authorized over $1.5 Billion to fund the Debbie Smith DNA Act

  39. Other Emerging DNA Issues

  40. Familial Searching Preventing crime with DNA databases Touch DNA Property crime programs

  41. ARRESTEE DNA LAWS: PREVENTING CRIMES Chicago Police Department Study 60 Preventable Crimes linked to 8 offenders Denver District Attorney’s Office Study 47 Preventable Crimes linked to 5 offenders Maryland Governor’s Office Study 20 Preventable Crimes linked to 3 offenders TOTAL: 127 Preventable Crimes

  42. Privacy Concerns Benefit to Society The Balancing Test of DNA Databases Overcoming privacy concerns

  43. The Media Loves DNA Austin American-Statesman (Texas) November 30, 2008 Austin police turning to DNA to solve thefts Loveland Reporter-Herald (Colorado) November 27, 2008 DNA match leads to arrest in Loveland Sexual Assault Maryland Gazette November 26, 2008 Cold cases heat up with successes in DNA testing Orlando Sentinel (Florida) November 23, 2008 Florida DNA database increasingly important in cracking crime cases St. Petersburg Times(Florida) November 20, 2008 Rapist gets 25 years for 1997 attack

  44. October 9, 2009 – Straits Times (Singapore) DNA records help solve 350 crimes: Database started six years ago now has 100,000 samples November 5, 2009 – Press Trust of India Gujarat to have DNA Database soon October 7, 2009 – The National (UAE) DNA database set to start in a year September 24, 2009 – New Zealand Press Association DNA Database Gets 100,000 Profile October 15, 2009 – The Daily Triumph (Nigeria) Bill to Establish DNA Databank passes second reading November 5, 2009 – Yonhap News Agency (South Korea) Confessed Murder Suspect Freed after DNA testing November 4, 2009 – Herald Sun (Australia) DNA Catches up with Crooks October 24, 2009 – The Virgin Islands Daily News V.I. Police officers learn to use new DNA tools

  45. 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

  46. Questions www.dnaresource.com tims@gth-gov.com

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