1. LEGISLATIVE UPDATE DNA Grantees Meeting June 28, 2006 Presented by: Smith Alling Lane, P.S. Tacoma, WA (253) 627-1091 Washington, DC (202) 258-2301 Brussels, Belgium (011) 322 550 3744 Lisa Hurst lhurst@smithallinglane.com

2. Smith Alling Lane Government Affairs Division Tacoma, Washington Washington, DC Brussels, Belgium

3. OFFENDER DNA DATABASES

4. Trend To All Convicted Felons 1999 - 6 States2000 - 7 States 2001 - 12 States 2002 - 21 States 2003 – 30 States 2004 – 38 States 1998 – 5 States1997 – 4 States 2005 – 43 States

5. 2006 All Convicted Felons Bills Introduced but did not pass all convicted felons legislation Currently collects from convicted felons Enacted all convicted felons legislation in 2006

6. New York Legislation Every year, since 2001 Governor Pataki (R) has requested legislation to require DNA from all convicted felons. Every year, the State Senate (controlled by Republicans) has passed legislation to require DNA from all convicted felons. Every year, the Speaker of the State Assembly (Democrat) has killed the legislation without giving it a hearing. Governor George Pataki Speaker of the Assembly Sheldon Silver Senate Majority Leader Joseph Bruno

7. New York Executive Order 143 In December 2005, Governor Pataki issued Executive Order 143 Requires DNA from any convicted felon as part of a plea agreement, and for any early release or community supervision program. HOWEVER, compliance and collections will be inconsistent without clear statutory authority. LEGISLATIVE SOLUTION STILL NEEDED Proposal for ALL convicted criminals endorsed by: Governor, New York City Mayor, District Attorneys, Chiefs of Police, Sheriffs, victims and victim support groups Significant media coverage

8. New York -- Assembly Proposal Assembly Bill 11951 -- All convicted felons, and some misdemeanors. Assembly Bill 11952 – Consider expansion to all misdemeanors, BUT requires a study first – including backlogs expected and number of hits that have resulted in conviction Outlawed local indexes Required notification of requirement for DNA sample prior to any misdemeanor plea Numerous Innocence Project Provisions

9. New York -- Legislative Outcome Assembly Bill 11951 -- All convicted felons, and some misdemeanors. PLUS PETTY LARCENY Prior Law: 14% of all criminal convictions included on the database (18,000 samples per year) New Law: 50% of all criminal convictions included on the database (40,000 to 60,000 samples per year) No legislative language regarding local indexes.

10. WHAT’S NEXT FOR DATABASING?

11. Here Come the Arrestees… 1990 – Virginia passes first all convicted felons law All Convicted Felons LawsArrestees Laws 1997 – Louisiana passes first arrestee law 2007 and Beyond… 8 YEARS LATER… 1998 – 5 states have all convicted felons laws 2005 – 5 states have arrestee laws 8 YEARS LATER… 1999 – 6 states have all convicted felons laws 2006 (to date) – 7 states have arrestee laws 2000 through 2005 sees EXPLOSION 43 states with all convicted felons laws

12. Trend To Arrestees? 2002 - 3 States 2004 - 4 States 2005 - 5 States 2006 - 6 States (to date) 2001 – 2 States1997 – 1 State

13. Chicago study of 8 offenders 60 preventable violent crimes, including 30 rapes and 22 murders Support for Arrestee Legislation 8 offenders Offenders accounted for 21 prior felony arrests, only 7 of which were violent felony arrests – two-thirds of prior arrests were for non-violent felonies. 60 unnecessary victims

14. Offender backlog grants may be used for samples collected under “applicable legal authority” Opens NDIS upload to any DNA sample collected under “applicable legal authorities” (prior law required non-convicted offenders to be charged in an indictment) Puts onus on arrested individual to request expungement if no conviction results US Attorney General may require DNA samples for anyone arrested or for any non-US resident detained under federal authority DNA Fingerprint Act (S. 1606) Department of Justice Reauthorization Act (HR 3402. ) Sen. Jon Kyl (R-AZ)

15. New Mexico Katie Sepich Tennessee Johnia Berry California Bruce Harrington Victim Voices

16. Subject: Help Pass Katie's Law -- it will save lives PLEASE HELP PASS KATIE'S LAW please forward to everyone you know that lives in New Mexico!! PLEASE HELP PASS A LAW THAT WILL SAVE LIVES, SOLVE CRIME AND PROTECT THE INNOCENT!! On August 31, 2003, our beautiful daughter, Katie Sepich was brutally raped and murdered in Las Cruces, New Mexico. Since that time our family has been astonished to learn that we are not using the latest technology available to solve crime and prevent lives. DNA is the technological updated version of the fingerprint and it is NOT being taken in New Mexico UNTIL AFTER conviction. By this time it is too late to stop serial criminals and save lives. WE ARE NOT USING THE LATEST TECHNOLOGY TO STOP RAPISTS AND MURDER'S AND SAVE LIVES!!! …Think of the lives this law would save. Think of the innocent that would not even be prosecuted, let alone wrongfully convicted. Think of the taxpayer dollars that would be saved in investigating and prosecuting crime. My husband, Dave and I testified before the interim Courts, Corrections and Justice Committee in November of 2005. Even though the committee seemed very receptive, they voted NOT TO ENDORSE the bill. We believe not using the technology we have available to stop murderers and rapists is a crime. If you live in New Mexico, please contact your legislators by phone, e mail, or letter...Please let them know that you support Katie's Law and want to see it passed in 2006. If you live in New Mexico, please contact your legislators by phone, e mail, or letter...Please let them know that you support Katie's Law and want to see it passed in 2006. If enough legislators hear from enough voters THEY WILL PASS KATIE'S LAW!! If enough legislators hear from enough voters THEY WILL PASS KATIE'S LAW!! You can be part of making a difference---this law will solve crime, save lives and protect the innocent. Aren't you tired of the laws that protect criminals? This law protects the innocent. You can be part of making a difference---this law will solve crime, save lives and protect the innocent. Aren't you tired of the laws that protect criminals? This law protects the innocent. There are letters and an e mail attached, if you would like to fill in the blanks, or copy and paste. Or create a heartfelt plea of your own. Please forward this e mail to everyone you know in New Mexico.

17. What About the Other States? Louisiana – Baton Rouge Serial Killer Virginia – Long-standing DNA database Kansas, Minnesota, Texas…??? Strong Legislators who see arrestee testing as a “no-brainer” criminal justice matter.

18. 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. Failed on a party line vote with D’s in favor and R’s against. No vote was due to lack of funding. All voiced support for policy. 2003 AZHB2674BrothertonRequires DNA samples to be collected upon arrest for any offense.Died in Committee without a vote2002 COSB128Grossman Local law enforcement may take DNA samples from felony arrestees, but must pay for crime lab analysis. Passed Senate. Passed House Policy Committee, died without a vote in House appropriations committee. 2003 CAProp69 Voters Initiative Expands DNA database to include all felons. Includes juveniles, all sentences, and applies retroactively. After 5 years, expands to include all felony arrests ENACTED2004 DEHB426Smith Expands DNA database to include anyone arrested for a crime for which fingerprints are required. Passed Policy Committee on unanimous vote. Died without a vote in Fiscal Committee. 2004 HIHB590Say Requires collection of DNA from all persons convicted or arrested for a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Hawaii was not yet collecting from all convicted felons – an all felons expansion bill was passed in lieu of arrestees. 2005 HISB699Bunda Requires collection of DNA from all persons convicted or arrested for a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Hawaii was not yet collecting from all convicted felons – an all felons expansion bill was passed in lieu of arrestees. 2005 ILHB4825MendozaExpands offender DNA database to include felony arrests. Passed House (102-11). Died in Senate without a vote. 2004 ILHB779Mendoza Expands offender DNA database to include all felony arrests. Requires expungement if no conviction. Becomes effective upon funding or by January 2008.. Passed House (105-1). Died in Senate without a vote. 2005 ILSB333Clayborne Expands offender DNA database to include all felony arrests. Requires expungement if no conviction. Becomes effective upon funding or by January 2008. Died in Committee without a vote.2005 Arrestee Bills 2001 through 2005

19. LAHB 710Downer Expands offender DNA database to include all felony convictions and arrestees. Also expands the DNA database to include samples from juveniles adjudicated of felony-grade delinquent acts. See SB 3462003 LASB 346Dardenne Expands offender DNA database to include all felony convictions and arrestees, as well as prostitution and soliciting prostitution. Also expands the DNA database to include samples from juveniles adjudicated of felony-grade delinquent acts. ENACTED2003 LASB 384Schedler Expands offender DNA database to include all felony convictions and arrestees, as well as prostitution and soliciting prostitution. Also expands the DNA database to include samples from juveniles adjudicated of felony- grade delinquent acts. See SB 3462003 MDSB426McFadden Expands offender DNA database to include persons charged with a crime of violence. Died in committee without a vote2004 MNHB1Smith Expands DNA database to include all persons charged with violent felonies, plus burglary and indecent exposure. Includes juveniles. ENACTED2005 MNHB1244PaulsenExpands DNA database to include all persons arrested for felony offenses.See HB 1 (above)2005 MNSB1201FoleyExpands DNA database to include all persons arrested for felony offensesSee HB 1 (above)2005 NCHB1738Baddour Expands offender DNA database to include certain arrestees after a magistrate has determined that probably cause exists for an arrest. Died in Committee without a vote2003 NCSB95Rand Expands offender DNA database to include arrests for violent felonies, sex offense felonies, and felonies committed against children, the disabled, or the elderly. (Pilot Program) Died in Committee without a vote2003 NJHB2747Johnson Expands offender DNA databases to include violent felony arrests and for disorderly conduct convictions. (New Jersey already collects from all convicted felons and some misdemeanors) Died in committee without a vote.2005 NJSB1513Sacco Expands offender DNA databases to include violent felony arrests and for disorderly conduct convictions. (New Jersey already collects from all convicted felons and some misdemeanors) Died in committee without a vote.2005

20. NYAB2131McLaughlin Requires DNA samples from any person arrested for an offense for which fingerprints are taken, and from any defendant in a criminal action. Died in committee without a vote.2004 NYSB138Maltese Requires DNA samples from any person arrested for an offense for which fingerprints are taken. See SB 5099 (below)2004 NYSB5099Volker Requires DNA samples from any person arrested for an offense for which fingerprints are taken. Passed Senate. Died in House without a vote. 2003 NYAB 2131McLaughlin Requires DNA samples from any person arrested for an offense for which fingerprints are taken. Died in Committee without a vote2003 NYAB7678McLaughlin Requires DNA samples from felony arrestees or defendants for crimes for which fingerprints are also required. Died in Committee without a vote2002 NYSB1795Maltese Requires DNA samples from felony arrestees or defendants for crimes for which fingerprints are also required. Died in Committee without a vote2002 NYSB4136VolkerExpands offender DNA database to include all fingerprintable arrests.Died in Committee without a vote2002 TXHB1068Driver Expands offender DNA database to include persons arrested for felony crimes. Requires expungement if no conviction. Provision stripped from bill.2005 TXSB638Barrientos Expands state DNA database to include arrests for certain sex crimes, certain crimes against children, and burglary. ENACTED2001 TXHB1726Kitchen Expands state DNA database to include arrests for certain sex crimes, certain crimes against children, and burglary. See SB 6382001 VAHB1639Miles Expands DNA database to include persons arrested for soliciting prostitutes or a drug offense. (Virginia already collects from violent felony arrestees) Died in Committee without a vote.2005 VAHB892McDougle Requires DNA samples upon arrest for violent felonies. Samples would be stored in the state offender database. ENACTED2002 VASB535Mims Requires DNA samples upon arrest for violent felonies. Samples would be stored in the state offender database. See HB 892 (above)2002 WAHB1135Miloscia Expands DNA database to include persons arrested for felonies, gross misdemeanors or patronizing prostitutes. Includes juveniles. Requires sample destruction if no conviction. Died in Committee without a vote.2005 WASB5165Kline Expands DNA database to include persons arrested for felonies, gross misdemeanors or patronizing prostitutes. Includes juveniles. Requires sample destruction if no conviction. Arrestee provisions removed in favor of misdemeanor convictions. Died in fiscal committee without a vote. 2005 WAHB2847Miloscia Expands offender DNA database to include persons arrested on criminal charges. Died in committee without a vote.2004

21. 2006 Arrestee Bills Pending arrestees legislation (6) Enacted arrestees legislation in 2006 Currently collects from some arrestees Introduced but failed to pass legislation in 2006

22. NEXT STOP…

23. What About Misdemeanors? 4Removes “database of the innocent” arguments 4Alleviates allegations of racial bias 4No problematic expungement and/or sample destruction requirements 4Many misdemeanor convictions were originally arrested on felony charges.

24. 4 Some states require DNA from specific misdemeanors 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 & 4 th degree sexual abuse; sexual battery Elder abuse Menacing; Harassment; Stalking Animal Cruelty Prostitution & Soliciting prostitutes Peeping False imprisonment 4 th degree burglary Any registered sex offender Petty larceny All “crimes” (New Jersey) All Class A Misdemeanors (Utah) Misdemeanor Convictions

25. 2006 Missing Persons Bills Pending legislation Enacted legislation in 2006 Introduced but failed to pass legislation in 2006

26. FUNDING

27. More than $1 billion over five years (2005 through 2009) Title II – The Debbie Smith Act -- $151 million per year Casework - No-Suspect and Suspect (50% of each year’s appropriation) Offender DNA Analysis and Collection Enhanced DNA capacity Accreditation (1% of each year’s appropriation) Other Forensic Sciences (if lab can demonstrate no DNA backlog) Title III – DNA Sexual Assault Justice Act – $102.1 million per year $30 million for Sexual Assault Forensic Exam Program $12.5 million for training for criminal justice professionals $15 million for research and development. $42.1 million for FBI DNA programs (including regional mtDNA labs) $2 Million for Missing Persons DNA Programs $500,000 National Forensic Science Commission Title IV – Innocence Protection Act – $80 million per year Ü $5 million for Kirk Bloodsworth Post-Conviction DNA Testing Grant Ü $75 million to improve quality of Representation in Capital Cases PRESIDENT’S DNA INITIATIVE: Justice For All Act of 2004 (HR 5107)

28. 2006 Congressional Budget DNA Initiative $108.5 M DNA Initiative $108.5 M Eliminating casework and offender backlogs, strengthening crime lab capacity, training of the strengthening crime lab capacity, training of the criminal justice community and identifying missing persons. Coverdell Forensics Science Improvement $18.5 M Coverdell Forensics Science Improvement $18.5 M Edward Byrne Discretionary Grants $7.15 M Edward Byrne Discretionary Grants $7.15 M Some earmarks for DNA and forensic science programs Crime Identification Technology Act $16.075 M Crime Identification Technology Act $16.075 M Some earmarks for DNA and forensic science programs

29. 2007 Congressional Budget DNA Initiative Funding President’s Proposal$175.568 Million Of which, $151 must be for DNA backlog and capacity building House Proposal$175.568 Million to include backlog and capacity grants; missing persons; post conviction; and CSI training, education and technical assistance $0 to Paul Coverdell NFSIA grants Senate Proposal?? (significantly cut in last 3 years) Final Proposal???

30. STATE FUNDING ÜThe President’s DNA Initiative expires in 2009 ÜAre States going to spend more on DNA? “Public Safety Fee” California Model -- $1 on every $10 in fines Outsourcing of offender samples over 6 months old 70% of funds collected go to state lab for first 2 years 50% for third year 25% thereafter

31. CASEWORK TURNAROUND…

32. CASEWORK TURNAROUND… THE MISSING PIECE? Washington State 30-Day Stranger Rape Kit Project Coming soon to a city or state near you? Guarantees a 30 day turnaround time for all no-suspect stranger rape kits (from date of receipt by lab) Analyzed AND uploaded Liaison from Washington Association of Sheriffs and Police Chiefs to work daily with law enforcement throughout state for timely submission of rape kits. The implications for future state and municipal law makers

33. CASEWORK TURNAROUND… THE MISSING PIECE? MINNESOTA FORENSIC LABORATORY ADVISORY BOARD DUTIES OF THE BOARD: Recommend “guidelines” for forensic analysis processing times Consider “goals and priorities identified in the presidential DNA initiative” when adopting and recommending the guidelines. Consider feasibility of lab’s ability to meet guidelines. Recommend “reasonable” deadlines for processing evidence. Report to the Legislature each year on actual turn-around times and recommendations to improve these times.

34. Other Legislation Database match not invalidated if sample on the database by mistake (TN) A person may chose whether to have a blood draw or buccal swab (NE) Reporting requirements for DNA evidence reported to state lab but not in labs custody (IL) Establish processing times for forensic evidence (MN) Forensic Science Commissions (CT, MN, NH, VT) DNA evidence must be tested by an accredited lab (IL, VA) Training standards for DNA evidence storage personnel (NY) Scholarships for forensic scientists who will work in the state (IL) DNA collected from every abortion performed on minor (CA, TN, VA) DNA collected from every autopsy (AZ) Funding for expedited testing of child murder cases (IL) Chemical castration for sex criminals identified through DNA (OK)

35. Questions ? tims@smithallinglane.com www.dnaresource.com 253-627-1091