FORENSIC DNA DATABASES Legislative Update Presented by: Smith Alling Lane, P.S. Tacoma, WA (253) Washington, DC (202) London 0 (44) Tim Schellberg, J.D. Lisa Hurst

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

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

DNA Database Expansion Legislative Update for 2002 F Significant growth –New laws will authorize an estimated 300,000 new convicted offender samples in first twelve months. F Continued commitment from Congress F Blood to Buccal

2002 Passed All Felons Bills (9)

2002 Enacted Limited Expansion Bills (6) PreviouslyNow KentuckySex offenders onlymurder, burglary, offenses against children New HampshireSex offenders onlymurder, assault, arson, robbery OhioSex crimes, murderassault, robbery, burglary OklahomaSex crimes, violent crimes, burglaryretroactive to include probationers Pennsylvania serious sex crimes, murder more sex crimes, assault, kidnap, robbery, & burglary West Virginiasex crimes, violent crimes, burglarydrug offenses, various attempted crimes

2002 All Felons Bills Pending (2)

2002 All Felons Bills Failed (9)

Bill Tracking List

State DNA Statutes

Federal Legislation Senator Joseph Biden (D-DE) Chairman, Judiciary Subcommittee on Crime and Drugs S DNA Sexual Assault Justice Act Sen. Joe Biden (D-DE) S Rape Kit DNA Analysis Backlog Elimination Sen. Hillary Clinton (D-NY) S Debbie Smith Act Sen. Maria Cantwell (D-WA)

Federal Legislation Representative Lamar Smith (R-TX) Chairman, Judiciary Subcommittee on Crime and Homeland Security HR DNA Sexual Assault Justice Act Rep. Anthony Weiner (D-NY) HR DNA Local Government Access Act Rep. Anthony Weiner (D-NY) HR Rape Kit DNA Analysis Backlog Elimination Rep. Jerry Nadler (D-NY) HR Debbie Smith Act Rep. Carolyn Maloney (D-NY) HR DNA Database Completion Act Rep. Robert Andrews (D-NJ)

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

Federal Legislation (cont.) F 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 F Will the appropriations cover the authorization? ÜLikely minimum for $40 million Casework - $25 million Offender Samples - $15 million

U.S. DNA Legislative Time-Line California Legislature passes law to collect blood from certain offenders - “DNA” is not mentioned in statute Colorado Legislature becomes the first to enact laws requiring DNA from sex offenders Virginia Legislature becomes first to enact an all felons DNA law 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 Majority of states begin passing laws to create DNA databases for sex offenders

Time-Line (continued) Congress enacts the DNA Identification Act -- CODIS is formally created 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 A majority of states begin focusing on expanding their database laws to include violent crimes and burglary 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

Time-Line (continued) Congress enacts the DNA Backlog Elimination Act (appropriates $140 million to states for DNA analysis) 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 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

The Recent Trend To All Felons States States States States States States (est.) assuming data and funding

all felons vs. ALL FELONS Impacts of Legislation Felons serving time in prison Felons serving time in jail Juveniles Felons on community corrections Retroactive Prison Data based on Washington State figures Retroactive Jail Retroactive Probation/Parole 5,600 annually 15,000 annually 7,952 annually 840 annually 6,1000 1,863 10,300 Total impact of all felons legislation 5,600 annually Total impact of ALL FELONS legislation 23,792 annually 18,263 retroactive 42,055 in first year

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

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

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

To Achieve Goals, Decision Makers Must: 4 Have comprehensive data 4 Be educated

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? 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? 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.

Virginia’s “Cold Hits” on the DNA Database Identified Offender’s Prior Conviction

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

National Institute of Justice is Seeking the Answers F NIJ is pursing a study on the four questions raised. F Early data is expected by January 2003

Questions ?