1. 2003 LEGISLATIVE REVIEW Fourth Annual DNA Grantees Workshop Washington, DC June 24, 2003 Presented by: Smith Alling Lane, P.S. Tacoma, WA (253) 627-1091 Washington, DC (202) 258-2301 London 0 (44) 798 953 8386 Tim Schellberg, JD Lisa Hurst tims@smithallinglane.com lhurst@smithallinglane.com

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

4. ISSUE #1 CONVICTED OFFENDER DNA DATABASE EXPANSION CONVICTED OFFENDER DNA DATABASE EXPANSION2003

5. Why Is DNA Database Expansion So Important? It’s all about the “Hit Rate” 40% 70% 50% 60%

6. What Would A 40-70% Hit Rate Mean To Criminal Justice? Detection of many offenders Permanent Investment in DNA programs by political budget writers (Federal, State and Local)

7. The Recent Trend To All Felons 1998 - 5 States1999 - 6 States2000 - 7 States 2006 - 45 States (est.) -- assuming data and funding 2001 - 14 States 2002 - 23 States 2003 – 30 States Legislation pending in 6 states

8. 2003 Legislative Session: DNA Database Expansion Bills Pending all felons legislation (6) Introduced but failed to pass limited expansion legislation (1) Currently an all-felons state (23) Enacted all felons legislation in 2003 (7) Failed to pass all felons legislation (7) * * * Addressed sunset provisions in database statute *

9. State DNA Database Statutes State DNA Database Statutes (As of June 20, 2003) STATE Sex Crimes Murder All Violent Crimes Burglary Drug Crimes All Felons Juveniles Some Misde- meanors Arrestees/ Suspects Jailed Offenders Community Corrections Retroactive Jail & Prison Retroactive Probation & Parole Alabama  Alaska  Arizona  Arkansas  California  Colorado  Connecticut  Delaware  Florida  Georgia  Hawaii  Idaho  Illinois  Indiana  Iowa  Kansas  Kentucky  Louisiana  **

10. STATE Sex Crimes Murder All Violent Crimes Burglary Drug Crimes All Felons Juveniles Some Misde- meanors Arrestees/ Suspects Jailed Offenders Community Corrections Retroactive Jail & Prison Retroactive Probation & Parole Maine  Maryland  Massachusetts  Michigan  Minnesota  Mississippi  Missouri  Montana  Nebraska  Nevada  New Hampshire  New Jersey  New Mexico  New York  North Carolina  North Dakota  Ohio  Oklahoma  Oregon  Pennsylvania 

11. STATE Sex Crimes Murder All Violent Crimes Burglary Drug Crimes All Felons Juveniles Some Misde- meanors Arrestees/ Suspects Jailed Offenders Community Corrections Retroactive Jail & Prison Retroactive Probation & Parole Rhode Island  South Carolina  South Dakota  Tennessee  Texas  Utah  Vermont  Virginia  Washington  West Virginia  Wisconsin  Wyoming  TOTALS50 474435303423447 3420

12. 2003 DNA Database Legislation (As of June 20, 2003) STBill#SponsorSummaryStatus AKHB49Anderson Expands DNA database to include all convicted felons and juveniles adjudicated delinquent on felony charges (juveniles are not included under current statute). Also includes most misdemeanor sex crimes. Retroactive to include those currently incarcerated. ENACTED ARHB1074Verkamp Expands DNA database to include any felony offense and misdemeanor sex offenses. Includes community sentences, retroactive to include those currently incarcerated. Removes juvenile delinquent adjudications. ENACTED ARHB2310Pate Limits qualifying offenses for juvenile adjudications to only serious sexual assaults, murder, kidnapping, and aggravated robbery, and terrorist acts. ENACTED ARSB416Gullett Expands DNA database to include crimes of computer child pornography and computer exploitation of a child (1 st degree). ENACTED AZSB1252Brotherton Requires DNA samples upon arrest or after being charged for felony offenses beginning in 2005, and for an arrest or after a charge for any offense beginning in 2006. Died in Committee CASB284BrulteExpands DNA database to include all convicted felons. Failed in Committee COSB128GrossmanLocal law enforcement may take DNA samples from felony arrestees, but must pay for crime lab analysis. Passed Senate. Died in House. CTHB5022BergerExpands DNA database to include all convicted felons. Applies retroactively to probationers and parollees.ENACTED FLSB1648 Criminal Justice Clarifies that the local sheriff is responsible for collecting DNA from offenders who are not sentenced to incarceration. Further clarifies that the sheriff shall secure, process and transmit the specimens to FDLE in a timely manner. ENACTED HIHB1065MindoExpands DNA database to include all convicted felons. Retroactive to include probationers and parolees.Died in Committee HIHCR214MarumotoRequests an interim study on expanding the DNA database to include all Class A and Class B felons.Died in Committee IDHB48 State Police Request Expands DNA database to include burglary.Died in Committee INHB1531Goodin Expands DNA database to include all convicted felons. Includes felons not sentenced to incarceration, and retroactive to include currently incarcerated. Died in Committee LASB346Dardenne Expands offender DNA database to include all felony convictions and arrestees, as well as prostitution and soliciting prostitution. Also includes juvenile adjudications. ENACTED

13. STBill#SponsorSummaryStatus MASB187Jacques Expands DNA database to include all convicted felons. Retroactive to include currently incarcerated, probationers, and parolees. Pending vote in Senate MDSB363Miller Removes temporary provisions of the 2001 DNA database expansion to all convicted felons. Implementation is contingent on receipt of funding in the state budget. Includes post conviction testing provisions. ENACTED MEHB300FairclothExpands the current all-felons DNA database requirement to include juveniles adjudicated delinquent.ENACTED MNSB239KleisMakes permanent last year’s DNA database expansion to include all convicted felons. ENACTED (in budget bill) MOHB54Jolly Expands DNA database to include all convicted felons. Includes pleas of guilty and nolo contendre. Retroactive to include probation and parole. Died in Committee MOSB198Caskey Expands DNA database to include all convicted felons. Includes pleas of guilty and nolo contendre. Retroactive to include probation and parole. Died in Committee MSSB2348Carlton Authorizes the Department of Corrections to collect DNA from “every individual convicted of a felony or in its custody before release from or transfer to a state correctional facility or county jail or other detention facility.” ENACTED NCHB79Alexander Expands DNA database to include all convicted felons. Includes persons found not guilty by reason of insanity. Retroactive to persons still in the penal system. Requires the state to supply sheriffs with supplies for collections. Pending vote in House NDHB1235Klemin Removes a sunset provision in current statute which would have had the effect of shrinking the state DNA database to only sex offenders. ENACTED NELB139Johnson Clarifies that the state DNA database can be used for forensic casework related to missing persons, relatives of missing persons and unidentified human remains. Died in Senate NELB662Beutler Expands DNA database to include all convicted felons and juvenile felony adjudications. Retroactive to include persons currently incarcerated. Died in Senate NJHB2617Johnson Expands DNA database to include all persons convicted of a “crime”, including those found not guilty by reason of insanity. “Crime” is defined as “an offense for which a sentence of imprisonment in excess of 6 months is authorized.” Includes a $2 fine for all vehicle and traffic violations to pay for DNA testing. ENACTED NJSB2066Sacco Expands DNA database to include all persons convicted of a “crime”, including those found not guilty by reason of insanity. “Crime” is defined as “an offense for which a sentence of imprisonment in excess of 6 months is authorized.” Retroactive to include currently incarcerated, parolees and probationers. See HB 2617 NVHB55Anderson Expands offender DNA database to include failure to register with law enforcement as required for a crime against a child or for sex offenses. ENACTED

14. STBill#SponsorSummaryStatus NYHB2131McLaughlinRequires DNA samples from any person arrested for an offense for which fingerprints are taken.Committee NYHB5271Ferrara Expands offender DNA database to include attempts at felonies currently required to submit DNA to the state database. Committee NYSB5099VolkerRequires DNA samples from any person arrested for an offense for which fingerprints are taken.Passed Senate ORSB729MinnisExpands offender DNA database to include all Class A misdemeanors Died in Committee PAHB835MaitlandExpands DNA database to include all convicted felons. Retroactive to include currently incarcerated.Committee RIHB6104DenniganExpands DNA database to include all convicted felons. Committee Hearing 3/26 RISB739DamianiExpands DNA database to include all convicted felons.Passed Senate. SCSB263Moore Expands DNA database to include all violent felonies (which includes drug trafficking), and any other offense carrying a maximum sentence of 5 years. Retroactive to include currently incarcerated, probationers and parolees. Passed Senate. Died in House. SDSB184Abdallah Expands offender DNA database to include all convicted felons, and juvenile adjudications Retroactive to include currently incarcerated and others still under state supervision. ENACTED TXHB562McCall Requires immediate DNA collection from capital murder (current statute is for all felons but is awaiting funding for implementation) ENACTED UTHB107Adams Expands DNA database to include immigration violations, and those who commit a felony in another state but are incarcerated or on parole in Utah. (Amendments removed immigration violations.) ENACTED VTHB133Kainen Expands DNA database to include all convicted felons, as well as misdemeanor offenses related to sexual abuse by a caregiver and possession of child pornography. Retoractive to include incarcerated, probation and parole. Died in Committee WVHB2693StempleExpands DNA database to include all convicted felons. Passed House. Died in Senate.

15. Perfecting Existing All Felons Statutes ALL FELONS “ All Felons” states that are not ALL FELONS: 8 Not Retroactive ColoradoDelawareGeorgiaIowaMinnesota TennesseeTexasWisconsin 8 No Juveniles DelawareIowaMarylandMississippi 8 No Jailed Offenders ColoradoGeorgiaTexas 8 No Community Corrections ColoradoMaineTexas

16. Emerging Database Trends 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 3 rd degree sexual abuse; Elder abuse Menacing; Harassment; Stalking Animal Cruelty Prostitution & Soliciting prostitutes Peeping False imprisonment 4 th degree burglary

17. Emerging Database Trends Emerging Database Trends Misdemeanor Convictions Oregon SB 729 – Class A misdemeanors. Not passed Connecticut HB 5353 – All misdemeanor convictions Not passed Louisiana (multiple) – prostitution, soliciting a prostitute, peeping toms, numerous battery and assault crimes Enacted Vermont HB 133 – caregiver sex abuse, poss. of child porn Not passed New Jersey (multiple) – any crime with a 6 month sentence Enacted

18. Emerging Database Trends Emerging Database Trends Expanding Advocacy Advocacy for expanded DNA programs is growing from new corners Victims Massachusetts and Louisiana bills have strong victim support Victims Associations John Walsh joins New York Governor’s push for all felons National Attorneys General Association NAGA President (California AG Lockyer) will be focusing on law enforcement technology, including DNA National Governor’s Association NGA scheduled to discuss DNA programs at this summer’s meeting International Association of Chiefs of Police Spring 2003 DNA Summit with OJP

19. ISSUE #2 THE BEGINNING OF ARRESSTEE TESTING

20. Recent Arrestee Proposals Recent Arrestee Proposals Felony Arrests Colorado (2003) - Felony arrests Nevada (2003) - Volunteered and court ordered samples into CODIS New York (2001,2002,2003) – Fingerprintable arrests Arizona (2002, 2003) - All arrests North Carolina (2001,2002) – Certain felony arrests Connecticut (2000) - Fingerprintable arrests Louisiana (2003) – Felony arrests Texas (2001) – Certain felony arrests and indictments Virginia (2002) – Violent felony arrests

21. Enacted Arrestee DNA Testing Certain felony indictments, or upon arrest if previous conviction for a qualifying offense Expungement required Sample destruction required All felony arrests No expungement requirement No sample destruction requirement Violent felony arrests after determination that probable cause exists for the arrest Expungement required Sample destruction required

22. Louisiana Senate Bill 346 Louisiana Senate Bill 346 Raising the Bar ÜSB 346 (enacted) gives Louisiana the strongest DNA law in the US: 3All felony arrests 3Some misdemeanor arrests 3No expungement requirements ÜInfluence of the “Baton Rouge Serial Murders” on passing SB 346?

23. Future of Arrestee DNA Legislation ÜLouisiana’s SB 346 might be the exception. Other states may have to compromise. ÜConsider the following strategies to diminish opposition Limit to violent and sex crimes Require expungement if suspect is not convicted Require sample destruction after profiling is complete

24. Issues to consider with arrestee testing Limiting testing to violent arrestees will reduce hit rates Expungement requirements can mean multiple collections from and analyses of the same offender Expungement requirements can create a significant administrative burden in determining offender status Local collection burdens include costs and adequate training and protocols Federal funding is limited to convicted offenders Arrestees cannot be uploaded to national index Future of Arrestee DNA Legislation

25. ISSUE #3 2003 FEDERAL LEGISLATION “THE PRESIDENT’S DNA INITIATIVE”

26. President Bush’s DNA INITIATIVE Announced March 2003 To be overseen by US Department of Justice (NIJ)

27. DNA INITIATIVE DNA INITIATIVE Funding Measures $1 over five years Eliminating Backlogs$92.6 million Casework Backlogs$76.0 Offender Backlogs$15.0 Federal Offenders$1.9 Crime Lab Capacity$90.4 million Public Lab Capacity$60.0 FBI Forensics$20.5 CODIS$9.9 Research & Development$24.8 million Improving DNA$10.0 FBI R&D$ 9.8 Demonstration projects$ 4.5 Nat’l For. Sci. Commiss.$ 0.5 $232.6 million requested for FY 2004

28. DNA INITIATIVE DNA INITIATIVE Funding Measures Missing Persons$2.0 million Criminal Justice Training $17.5 million Law Enforcement$3.5 Prosecutors, Defense, Judges$2.5 Corrections, Probation, Parole$1.0 Forensic Scientists$3.0 Medical Services$5.0 Victim Services$2.5 Post Conviction Issues$5.0 million

29. DNA INITIATIVE DNA INITIATIVE Policy Measures Expand state databases to include all felons Expand federal database to include all felons Apply expanded database statutes retroactively, to include those “under supervision” Allow inclusion of other DNA samples “collected under applicable legal authority”

30. 2003 FEDERAL DNA LEGISLATION Congressman Sensenbrenner is currently drafting the President’s DNA Initiative into his own legislation Other DNA bills introduced in the 2003 House: H.R. 537 - DNA Database Completion Act of 2003 Representative Robert Andrews (D-NJ) H.R. 1046 - Debbie Smith Act of 2003 Representative Green (R-WI) HR 1705 - DNA Database Enhancement Act Representative Adam Schiff (D-CA) H.R. 2110 - Emergency DNA Backlog Elimination and Self Defense from Serial Killers Act of 2003 Representative David Vitter (R-LA) Senator Hatch is currently drafting the President’s DNA Initiative into his own legislation Other DNA bills introduced in the 2003 Senate: S. 149 - Rape Kits and DNA Evidence Backlog Elimination Act Senator Mike DeWine (R-OH) S. 152 - Sexual Assault Justice Act Senator Joseph Biden (D-DE) S. 22 - Justice Enhancement and Domestic Security Act Senator Tom Daschle (D-SD) Rep. James Sensenbrenner (R-WI) Judiciary Committee Chair Sen. Orrin Hatch (R-UT) Judiciary Committee Chair

31. 2003 FEDERAL DNA LEGISLATION Judiciary Committee Bills: 3Hearings to begin soon 3Authorization for full funding is likely 3Appropriation for full funding is unknown 3Provision for samples “collected under applicable legal authority” will be debated. 3Other provisions being considered: Local option to apply for casework funding Convicted offender grants to include collection costs

32. ISSUE #4 THE FUTURE OF DNA FUNDING

33. The Future of DNA Funding ÜFederal Funding will likely peek in 2008 ÜState Stable funding for databasing and some unsolved casework ÜLocal The United Kingdom experience suggests that the costs of aggressive unsolved casework will eventually rest with local government In 2003, Florida and California state budget proposals included provisions to require local payment for forensic testing Many regional crime labs already charge for services

34. ISSUE #5 NIJ ASSESSMENT

35. Forensic DNA Assessment Project NIJ Grant Conducted by Smith Alling Lane, in partnership with Washington State University Project Goals …to provide a general assessment of the use of forensic DNA by law enforcement …to give a base from which extrapolations may be made projecting the national DNA backlog (not a national census) …to educate on the importance of expanded, operational forensic DNA programs and databases

36. Forensic DNA Assessment Project Final Report Topics Backlogs ÜHow big is it ÜWhy do we have them Related growth problems ÜStorage ÜEducation Effectiveness of DNA programs ÜCODIS data (solving crimes, preventing crimes) ÜEfficiencies & costs Comparative analysis to the United Kingdom

37. Forensic DNA Assessment Project Assessment questionnaire sent to 3State DNA labs 3Local DNA labs 3Local law enforcement agencies All agencies with 100 or more officers (approximately 1000). A statistically valid sampling of remaining agencies (approximately 2000). Indian tribes TIMELINE ÜNumbers being delivered to NIJ in June ÜFinal Report to NIJ in July

38. THANK YOU LABS!! Near 100% response rate from DNA crime laboratories! Continuing harassment of missing laboratories should ensure 100% response

39. Questions ? www.dnaresource.com lhurst@smithallinglane.com