1. The DNA Fingerprint, Unsolved Crime & Innocence Protection Act
Presentation Courtesy of STEVE COOLEY
District Attorney of Los Angeles County

2. DNA is the Fingerprint of the 21st Century
“[The] use of DNA evidence can revolutionize the way crime is fought. Not since fingerprints has law enforcement had such a powerful ally.” (Los Angeles Times, 01/27/02)

3. For almost a 100 years, people arrested for criminal offenses have provided fingerprints, palm prints and mug shots during the typical police station booking process.
These traditional identification tools have assisted law enforcement in solving crime by identifying criminals.

4. 21st Century Crime Fighting
DNA Data Banks:
21st Century Crime Fighting
With the emergence of DNA data banks, law enforcement can now use DNA not just to assist in establishing guilt of a known suspect, but in solving crimes and ultimately preventing serious crime.

5. The DNA Fingerprint Initiative
Data Bank Expansion
The DNA Fingerprint Initiative
The Initiative’s Funding Measure

6. ISSUE #1
DATA BANK EXPANSION

7. The Recent Trend To All Felons
States
States
States
States
States
2003 – 31 States
States (est.) -- assuming data and funding

8. DNA Database Expansion Bills
2003 Legislative Session:
DNA Database Expansion Bills * * *
Enacted all felons legislation in 2003 (9)
Currently an all-felons state (22)
Failed to pass all felons legislation (8)
Introduced but failed to pass limited expansion legislation (1) *
Addressed sunset provisions in database statute

9. DNA Database Expansion Bills
2004 Legislative Session:
DNA Database Expansion Bills *
Considering all felons legislation in 2004 (11)
Currently an all-felons state (32) *
Considering limited expansion legislation (3)
Through a voters’ initiative

10. Emerging Database Trends Arrestee Testing Proposals
Arizona (2002, 2003) – All arrests
California (2004) – Felony arrests
Colorado (2003) – Felony arrests
Connecticut (2000) – Fingerprintable arrests
Illinois (2004) – Felony arrests
Louisiana (2003) – Felony arrests and some misdemeanors
Maryland (2004) – Felony charges
New York ( ) Fingerprintable arrests
Oklahoma (2004) – Felony arrests
Texas (2001) – Certain felony arrests and indictments
Virginia (2002) – Violent felony arrests
Washington (2004) – Arrests for criminal 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 a qualifying offense
Expungement required
Sample destruction required
Violent felony arrests after determination that probable cause exists for the arrest
Expungement required
Sample destruction required

12. Emerging Database Trends Misdemeanor Convictions
Some states require DNA from specific misdemeanors
Alabama, Arkansas, Arizona, Kansas, Iowa, Louisiana, Maine, Maryland, Michigan, Minnesota, New Jersey, Ohio, Oregon, Washington
Misdemeanor pleas if originally charged with a qualifying felony offense
Repeat violent offenders; Multiple misdemeanor convictions
Lewd and lascivious conduct; Indecent exposure; Public indecency
Elder abuse
Stalking
Animal Cruelty
Prostitution & Soliciting prostitutes
Peeping

13. It’s all about the “Hit Rate”
Why Is DNA Database Expansion So Important?
It’s all about the “Hit Rate”
50%
40%
60%
30%

14. Cold Hit defined:
“A hit occurs when DNA analysis of a crime scene sample with no suspect matches a profile in a database of previously convicted offenders, a database of samples from those individuals arrested for specified crimes, or a database of other crime scene profiles.” (

15. Virginia’s DNA Program
Virginia has one of the most mature all felon data banks.
Virginia’s Division of Forensic Science has had over 1700 cold hits.
308 cold hits in 2001.
445 cold hits in 2002.
608 cold hits in 2003.

16. Findings from Virginia:
Approximately 81% of “hits” would have been missed if data bank were limited to only violent offenders.

17. Findings from Virginia:
The next few slides demonstrate the kinds of crimes committed by drug offenders and forgers. These crimes were solved by cold hits with the Virginia all felon data bank. Drug offenses and forgery are categorized as non-violent offenses.

18. Virginia’s “Cold Hits” on the DNA Database All Drug Offenders to Type of Crime Solved

19. Virginia’s “Cold Hits” on the DNA Database Drug Possession Only to Type of Crime Solved

20. Virginia’s “Cold Hits” on the DNA Database Forgery to Type of Crime Solved

21. Findings from Virginia:
Approximately 35% of violent crimes solved were perpetrated by individuals with previous property crime convictions.

22. Virginia’s “Cold Hits” on the DNA Database Previous Criminal Conviction of Offenders Identified

23. California’s DNA Program
California has one of the oldest DNA data bank laws.
California collects DNA samples from violent offenders only.
CA Department of Justice DNA Lab reports over 700 cold hits.

24. Other COLD HIT Programs Raising the Bar
United Kingdom’s Forensic Science Service reports over 1000 matches per week between offender database samples and crime scene samples.

25. THE DNA FINGERPRINT INITIATIVE
ISSUE #2
THE DNA FINGERPRINT INITIATIVE

26. All Adult Felony Offenders:
The DNA Fingerprint Act Expands California’s DNA Data Bank to Include -
All Adult Felony Offenders:
All persons convicted of any felony offense are required to provide samples for the DNA data bank.

27. All Juvenile Felony Offenders:
The DNA Fingerprint Act Expands California’s DNA Data Bank to Include -
All Juvenile Felony Offenders:
Juveniles who are made a ward of the Court and found to have committed a felony offense are required to provide samples for the DNA data bank.

28. All Adult & Juvenile Misdemeanor P.C. 290 Registrant Offenders:
The DNA Fingerprint Act Expands California’s DNA Data Bank to Include -
All Adult & Juvenile Misdemeanor P.C. 290 Registrant Offenders:
All persons convicted of a P.C. 290 misdemeanor sex offense requiring registration as a sex offender are required to provide samples for the DNA data bank.

29. All Adult Murder and Felony P.C. 290 (Sex Offenses) Arrestees:
The DNA Fingerprint Act Expands California’s DNA Data Bank to Include -
All Adult Murder and Felony P.C. 290 (Sex Offenses) Arrestees:
All adults arrested for murder or P.C. 290 felony sex offenses are required to provide samples for the DNA data bank.

30. The DNA Fingerprint Act Expands California’s DNA Data Bank to Include -
Starting the 5th year following enactment of the Initiative – All Adult Felony Arrestees:
A person whose sample has been collected may seek expungement of his/her profile if not convicted or the case is dismissed or the conviction is reversed.

31. Significant Changes to Current Data Bank Statute
Buccal Swabs (mouth swabs) for DNA collection
Blood samples are eliminated!
Funding Provided
Mandatory Out-Sourcing for DNA testing of offender samples IF offender samples are not tested by DOJ/DNA lab within 6 months.

32. DNA FINGERPRINT INITIATIVE Policy Measures
Data Bank Expansion – All Felons
Apply expanded database initiative retroactively
Allow inclusion of other DNA samples “legally obtained”
Expungement required - A person whose sample has been collected may seek expungement of his/her profile if not convicted or case dismissed or conviction reversed

33. THE DNA INITIATIVE’S FUNDING MEASURE
ISSUE #3
THE DNA INITIATIVE’S FUNDING MEASURE

34. Government Code Section 76104.6 is added.
One dollar for every ten dollars ($10.00) on every fine, penalty or forfeiture imposed and collected by the courts for criminal offenses including all Vehicle Code violations (except parking tickets).

35. The DNA Initiative's Funding Measure
At the Conclusion of the 3rd Year the DNA Fingerprint Act will provide sufficient revenue for 750,000 samples for costs incurred in collection, analysis and upload to CODIS.
California will have a database of approximately one million profiles by the end of 2007.
Starting the 4th Year the funding measure will provide significant revenue to local law enforcement for DNA testing in unsolved cases.

36. What Can Funds Be Used For?
Costs of collecting offender samples.
New equipment and software integral to confirming that a person qualifies for entry into the Database.
DNA testing in cases in which DNA evidence would be useful in identifying or prosecuting suspects (i.e. broader than “unsolved cases”). Includes costs incurred in:
The processing, analysis, tracking, and storage of DNA crime scene samples.
Procurement of new equipment and software for the processing, analysis, tracking and storage of DNA crime scene samples from unsolved cases.

37. The DNA Fingerprint Initiative
All-Felon Database
Crime Lab Funding

38. The DNA Fingerprint Initiative
Solving Crime
Protecting the wrongfully accused
Stopping serial killers & rapists
Safeguarding society

39. The DNA Fingerprint Initiative will allow law enforcement to utilize DNA to its fullest potential. It will revolutionize the way violent crime is fought and dangerous criminals identified. Law enforcement will not just solve crimes, but crimes will be prevented by identifying, successfully prosecuting, and thereby removing violent predators from the communities we are sworn to protect.

40. We must make decisions to maximize the ability of law enforcement to engage in 21st century crime fighting. This is an unique opportunity to catch up to the rest of the nation and protect the public we serve. Let’s seize this opportunity!
Steve Cooley, District Attorney Los Angeles County March 24, 2004