1. FORENSIC DNA LEGISLATIVE UPDATE American Academy of Forensic Sciences
Presented by:
Smith Alling Lane, P.S.
Tacoma, WA (253)
Washington DC (202)
London, England
Tim Schellberg, J.D.
February 13, 2002
Atlanta, GA

2. The March To All Felons 1998 - 5 States 1999 - 6 States
States Pending
States (est.)

5. 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

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

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

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

9. 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

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

11. 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?

12. 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

13. QUESTIONS