1. Forensic DNA Policy and Funding Update:
Emerging Trends in the United States and Abroad
Presented by :
Gordon Thomas Honeywell Government Affairs
Tim Schellberg
Lisa Hurst
September 29, 2016

2. UNITED STATES

3. United States: DNA Database Expansion*
FELONY ARRESTEE LAWS:
29 States and Federal Government
*Plus Minnesota
MISDEMEANOR CONVICTION LAWS:
7 States and Federal Government
*Plus Minnesota *

4. Legal Challenges to Database Expansion
Harris v. Buza
State Appeals Court: Violation of State Constitution (initiated in 2009)
State Supreme Court: Briefs submitted, Oral arguments not scheduled
Minnesota case
2006 – Appeals court ruling: violation of state and federal search and seizure rights (4th Amendment)
2015 – Dakota County resumes collections
2016 – Dakota County Sheriff v. Emerson
October 13, 2016 – Oral Arguments

5. US FEDERAL ACTIVITY… RAPID DNA Act -- HR 320 / S 2348 – Passed Senate
Justice For All Act – HR 4602 / S 2577 – Passed Senate
Larger mandatory percentage of funding for DNA backlog and capacity grants
Additional reporting on efficacy of DNA grant funding
Reauthorizes post conviction DNA grants and Coverdell grants
Sexual Assault Survivor Rights Act (S 2613 / HR 5578) – Passed Senate / Passed House
“right to be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical examination”

6. US FEDERAL ACTIVITY… FEDERAL GRANT FUNDING…STATUS QUO
Fiscal Year 2017 funding proposal = FY 2016 levels Debbie Smith DNA Backlog Elimination Grants (CEBR grants) Sexual Assault Forensic Exam – Inventory, Tracking, Reporting Grants (SAFE-ITR) Sexual Assault Kit Initiative grants (SAKI)
Possible change to NIJ grant allotment and structure

7. RAPE KIT REFORM
Comprehensive reform, including audit of kits and mandatory submission timelines
Statewide accounting of untested kits

8. RAPE KIT REFORM: MAJOR THEMES
REPORT:
Statewide Audits:
25 states
REFORM:
Submission Timelines:
17 States
Analysis Timelines:
10 States
NEW TRENDS:
Victim Notification:
12 States
Right to be informed of status / location
Right to be notified if no testing
Right to be notified of results / no results
Right to be notified of match
Periodic Reports:
9 States
Rape Kit Tracking:
3 states

9. RAPE KIT BACKLOGS: IMPROVING RESULTS
40% to 60% success rate reported in obtaining CODIS eligible profiles
SANE Training is important…but problems persist
Minute samples
Degraded evidence
Complex mixtures
Opportunity for Next Generation Sequencing…

10. Next Generation Sequencing and Forensics…
Assumptions:
CE will continue to be the “go to” for the majority of casework
NGS is a valuable solution for:
Difficult samples: complex mixtures, degraded samples, very minute evidence
Phenotype-based investigative leads

11. NGS POLICY CONSIDERATIONS
What types of cases?
How and with whom is data shared?
Should SNPs for disease prediction be considered?
What about “appearance” SNPs?
Race may be a private issue
Will defense bar demand access?

12. CONCLUSIONS: Adoption of NGS into Workflow
Forensic DNA must not lose the public trust
Regulatory framework needed to set standards for what is allowable
Labs should develop written policies regarding NGS use:
What types of cases
How and with whom will the data be shared
What types of data / SNPs
Smaller targeted panels are best – do not take more than you need
Use must be
FORENSICALLY RELEVANT AND FORENSICALLY RESPONSIBLE

13. GLOBAL OVERVIEW

14. 54 COUNTRIES HAVE IMPLEMENTED NATIONAL PROGRAMS
OVER 70 MILLION OFFENDER SAMPLES
Australia
Finland
Macedonia
South Korea
Austria
France
Malaysia
Spain
Bahrain
Germany
Mauritius
Sweden
Barbados
Hong Kong
Norway
Switzerland
Belarus
Hungary
Oman
Taiwan
Belgium
Iceland
Panama
United Arab Emirates
Brazil
Ireland
Poland
Canada
Israel
Portugal
United Kingdom
Czech Republic
Japan
Qatar
United States
Chile
Jordan
Romania
Uruguay
China
Kuwait
Russia
Croatia
Latvia Lithuania
Slovenia
Cyprus
Slovakia
Denmark
Netherlands
Singapore
Estonia
New Zealand
South Africa
These countries have implemented legislation/polices on a national basis to database the DNA of a defined category of criminal offender

15. Criminal Offender DNA Databases - Simply Awesome!
But despite the accolades and the data, the global public safety community has not advanced the databases to their true potential
Few countries have built a reference database capable of high hit rates
Casework comparisons to the database are low

16. The Unmet Potential of DNA Databases
Over 60% of all casework is from property crimes

17. The Unmet Potential of DNA Databases

18. Are 54 Countries and 70 million samples impressive numbers?
Unmet Potential:
Are 54 Countries and 70 million samples impressive numbers?
50 Countries
11 Million samples

19. Stagnant Database Establishment and Expansion
Cultural Focus Not on Solving / Preventing Crime
Legal Problems
Senior Government Official Awareness
Privacy concerns
Lack of Advocacy

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