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2005 LEGISLATIVE UDATE National Association of Attorneys General Criminal Law Division

2005 LEGISLATIVE UDATE National Association of Attorneys General Criminal Law Division. Presented by: Smith Alling Lane, P.S. Tacoma, WA (253) 627-1091 Washington, DC (202) 258-2301 London 0 (44) 798 953 8386 Lisa Hurst lhurst@smithallinglane.com March 15, 2005. Smith Alling Lane

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2005 LEGISLATIVE UDATE National Association of Attorneys General Criminal Law Division

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  1. 2005 LEGISLATIVE UDATE National Association of Attorneys General Criminal Law Division Presented by: Smith Alling Lane, P.S. Tacoma, WA (253) 627-1091 Washington, DC (202) 258-2301 London 0 (44) 798 953 8386 Lisa Hurst lhurst@smithallinglane.com March 15, 2005

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

  3. DNA DATABASE EXPANSION

  4. 1999 - 6 States 2000 - 7 States 2001 - 12 States 2002 - 21 States The Recent Trend To All Felons 2003 – 30 States 2004 – 37 States 2006 - 45 States (est.) -- assuming data and funding

  5. 2004 Legislative Session: DNA Database Expansion Bills ? * Enacted all felons legislation in 2004 (7) Currently an all-felons state (30) Failed to pass all felons legislation (8) Passed limited expansion legislation (2) * ? Voters Initiative Legislation vetoed due to unrelated provision

  6. State DNA Database Statutes(As of February 2005)

  7. Michigan            Minnesota           Mississippi           Missouri       Montana        Nebraska      Nevada         New Hampshire          New Jersey             New Mexico            New York        North Carolina          North Dakota       Ohio           Oklahoma        Oregon             Pennsylvania                   

  8. 2005 Legislative Session: All Felons DNA Database Bills Considering all felons legislation in 2005 (9) Currently an all-felons state (37)

  9. 2005 DNA Database Legislation(As of February 2005)

  10. Arrestee Legislation New Jersey (2005) – Felony arrests New York (2001-2004) Fingerprintable arrests Oklahoma (2004) – Felony arrests Texas (2001, 2005) – Certain felony arrests and indictments, all felony arrests Virginia (2002) – Violent felony arrests Washington (2004, 2005) – Felony arrests Arizona (2002, 2003) – All arrests California (2004) – Felony arrests Colorado (2003) – Felony arrests Connecticut(2000) – Fingerprintable arrests Illinois (2004, 2005) – Felony arrests Louisiana(2003) – Felony arrests and some misdemeanors Maryland (2004) – Felony charges

  11. Enacted Arrestee DNA Testing All felony arrests No expungement requirement No sample destruction requirement Certain felony indictments, or upon arrest if previous conviction for certain offenses Expungement required Sample destruction required Violent felony arrests with probable cause Expungement required Sample destruction required Some violent felony arrests now, all felony arrests in five years Expungement required No sample destruction requirement absent expungement

  12. California DNA Initiative (Proposition 69) Will other states follow? States that allow ballot initiatives

  13. FEDERAL DNA FUNDING

  14. 2005 Congressional Budget • DNA Backlog Elimination Act $110.0 M Eliminating casework and offender backlogs, strengthening crime lab capacity, training of the criminal justice community and identifying missing persons. • Coverdell Forensics Science Improvement $15.0 M • Edward Byrne Discretionary Grants $6.7 M Some earmarks for DNA and forensic science programs • Crime Identification Technology Act $11.5 M Some earmarks for DNA and forensic science programs

  15. Edward Byrne Discretionary Grants.—Within the amounts provided, OJP is expected to review the following proposals, provide grants if warranted, and report to the Committees on Appropriations regarding its intentions: • $2,000,000 for the National Forensics Science Technology Center in Largo, FL; • $51,000 for the NH Department of Safety evidence storage expansion; • $550,000 for Brown University Nanotechnology DNA Sequencing in RI; • $225,000 for crime scene examination enhancement for the State of Alaska; • $500,000 for the El Paso Regional Lab in TX; • $100,000 for the Fulton County District Attorney’s Cold Case Unit in GA; • $1,000,000 for the Mississippi Crime Lab to Address Forensic Backlog; • $250,000 for the Ohio BCI Laboratory System Improvement Project; • $200,000 for the Pikes Peak Metro Crime Lab DNA Laboratory in CO; • $500,000 for Southeast Missouri State University; • $200,000 for the Greenville Tech Forensic/DNS Laboratory in SC; • $200,000 for the Texas Tech Forensic Science Institute; • $150,000 for the University of Alabama at Birmingham Forensic Science Education and Training program; • $400,000 for the Utah Valley State College Forensic Science Program; • $200,000 for the Sam Houston State University, Texas, Center for Forensic Sciences. • $200,000 for the Texas Center for Forensic Science;

  16. Crime Identification Technology Act -- Within the overall amounts recommended, the conferees expect OJP to examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committees on Appropriations on its intentions for each proposal: • $4,000,000 for the Marshall University Forensic Science DNA Lab in WV; • $4,000,000 for the West Virginia University Forensic Science Initiative; • $1,000,000 for the Forensic DNA Analysis Lab at North Dakota University; • $1,000,000 for the Honolulu PD Crime Lab in HI; • $500,000 for the Fox Valley Technical College [FVTC] DNA Training Initiative in WI; • $1,000,000 for equipment and planning for the Vermont Forensics Laboratory; and

  17. 2006 President’s Budget ProposalDNA Provisions EXPLANATORY STATEMENT DNA Enhancements.—$177.057 million is proposed for State and local crime laboratories to reduce and eventually  eliminate backlogs of DNA casework samples (including crime scene and convicted offender samples), and for discretionary research, demonstrations, evaluation, statistics, technical assistance and training. Effective backlog reduction requires both the direct defray of sample analysis costs to meet immediate needs, and improvements, especially automation upgrades, in forensic laboratories to increase their capacity, eventually enabling them to keep abreast of their DNA analysis without additional Federal funding. These efforts will help prosecute the guilty and exonerate the innocent. STATUTORY LANGUAGE (4) for technology for crime identification, $238,199,000, as follows:  (A) $177,057,000 for a DNA analysis and capacity enhancement program, and for other State or Federal forensic activities, of which not less than $151,000,000 shall be for reducing and eliminating the backlog of DNA samples and for increasing State and local DNA laboratory capacity;

  18. FEDERAL LEGISLATION

  19. Advancing Justice Through DNA Technology Act(HR 3215) Justice For All Act (HR 5107) Adv. Justice Through DNA Technology Act (S 1700) Rep. Sensenbrenner (R-WI) Sen. Hatch Sen. Biden (R-UT) (D-DE) Adv. Justice Through DNA Technology Act(S 1828) Innocence Protection Act Sen. Kyl (R-AZ) Sen. Leahy (D-VT) Legislation to Enact the President’s DNA Initiative

  20. National Association of Police Organizations International Association of Chiefs of Police Fraternal Order of Police National Sheriffs’ Association Texas Association Against Sexual Assault International Union of Police Organizations Lobbying Coalition Assembled for President’s DNA Initiative Private Crime Labs

  21. PRESIDENT’S DNA INITIATAIVE: Justice For All Act (HR 5107) More than $1 billion over five years (2005 through 2009) Title II – The Debbie Smith Act -- $151 million per year • Casework - No-Suspect and Suspect (50% of each year’s appropriation) • Offender DNA Analysis and Collection • Enhanced DNA capacity • Accreditation (1% of each year’s appropriation) • Other Forensic Sciences (if lab can demonstrate no DNA backlog) Title III – DNA Sexual Assault Justice Act – $107.1 million per year • $30 million for Sexual Assault Forensic Exam Program • $12.5 million for training for criminal justice professionals • $15 million for research and development. • $42.1 million for FBI DNA programs (including regional mtDNA labs) • $2 Million for Missing Persons DNA Programs • $5 Million for Post Conviction DNA Testing • $500,000 National Forensic Science Commission Title IV – Innocence Protection Act – $80 million per year • $5 million for Kirk Bloodsworth Post-Conviction DNA Testing Grant • $75 million to improve quality of Representation in Capital Cases

  22. PRESIDENT’S DNA INITIATAIVE: Justice For All Act (HR 5107) CODIS POLICY PROVISIONS • Expands database to include all federal and military felons • Allows inclusion of persons charged with a crime • Allows inclusion of other DNA samples “collected under applicable legal authority” BUT NOT: • Arrestees who have not been charged • Voluntary elimination samples • Permits national keyboard searches

  23. Questions ?

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