FORENSIC DNA LEGISLATIVE UPDATE American Academy of Forensic Sciences Presented by: Smith Alling Lane, P.S. Tacoma, WA (253) 627-1091 Washington DC (202) 258-2301 London, England 20 7240 1512 Tim Schellberg, J.D. tims@smithallinglane.com February 13, 2002 Atlanta, GA

The March To All Felons 1998 - 5 States 1999 - 6 States 2002 - 30 States Pending 2005 - 40 States (est.)

Why the Change in All Felon Legislation? New Data Virginia - “We have had over 500 case-to-offender hits and 85% of those hits would have been missed if Virginia only collect from violent offenders.” Dr. Paul Ferrara, Director of Virginia Division of Forensic Science

Virginia’s “Cold Hits” on the DNA Database Identified Offender’s Prior Conviction * Numbers as of October 31, 2001

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

Virginia’s “Cold Hits” on the DNA Database Forgery Data * Numbers as of October 31, 2001

Why the Change in All Felon Legislation? (cont.) Acceptance by ACLU and Criminal Defense Bar Recognition that larger databases have the power to exonerate. Slowly becoming a priority for law enforcement associations Federal Funding

Federal Funding DNA Backlog Elimination Act 2001 - $35 million 2002 - $35 million 2003 - $40 million EST. 2004 - $40 million EST. 2002 solicitation - $25 - $30 million for offender samples Talk of bigger money on the horizon

Legislative Strategies and Policy Issues All felons legislation in tough times How legislators are getting the fiscal note under control: Buccal vs. Blood Collect now analysis later - positioning for the federal money What about the administrative costs?

Legislative Strategies and Policy Issues (cont.) Legislators are pushing for the following: Felons in jail too, not just prison Retroactive (prison and jails) Community corrections included after effective date Juveniles Legislature vs. Agency - Fear of untested samples Arrestee testing

QUESTIONS