FORENSIC DNAFORENSIC DNALegislative UpdateLegislative Update

Future Trends in Forensic DNA TechnologyApplied Biosystems Seminar

August 26, 2008Washington, DC

Presented by:

Gordon Thomas Honeywell Governmental AffairsLisa Hurst

lhurst@gth-gov.comWashington, DC (202) 251-8978

Politicians have significant role in Politicians have significant role in determining how forensic DNA is useddetermining how forensic DNA is used

Statute of

LimitationsPost

Conviction

Databases

Funding $$Backlog &

Turn-around

Evidence

Retention

DNA DATABASE DNA DATABASE EXPANSIONEXPANSION

Previously passed laws for felony arrestees (11)

Introduced arrestee legislation in 2008 (22)

Update on DNA Database Expansion 2008 Legislative Sessions

No legislative session in (4)

Introduced significant misdemeanor legislation in 2008 (4)

NO law for all convicted felons yet (5)

Introduced all convicted felons law in 2008 (2)

*

* Suspect legislation

EXPANSION TO EXPANSION TO CONVICTED FELONSCONVICTED FELONS

History of Expansion to All Convicted Felons

1999 - 2000 - 7 States 2001 - 12 States 2002 - 21 States

2003 – 30 States 2004 – 38 States 2005 – 43 States

2006 – 44 States 2007 – 45 States

Update on DNA Database Expansion Update on DNA Database Expansion 2008 Legislative Sessions2008 Legislative SessionsALL CONVICTED FELONSALL CONVICTED FELONS

Collects from all convicted felons (46)

Passed all convicted felons law in 2008 (1)

Failed all convicted felons law in 2008 (1)

*

* Only felons in state prison

EXPANSION TO FELONY EXPANSION TO FELONY ARRESTSARRESTS

History of Expansion to Felony Arrestees

2001 - 1 States 2002 - 2 States 2003 – 3 States

2004 –4 States 2005 – 5 States

2006 – 7 States 2007 – 11 States

ENACTED (2)

Governor Veto (1)

Arrestee DNA Databases 2008 State Legislative Sessions

Bill is still viable (1)

Bill has died (19)

Previously passed arrestee legislation (11)

• All felony arrests

• Expungement upon request

• No additional state funding

HISTORY

• Current Governor was Baltimore Mayor. As Mayor proposed arrestee testing.

• First year in office, Governor puts significant new funding into DNA lab.

• Second year in office, Governor Proposes arrestee testing

– Violent felonies, burglary, breaking and entering

– Expungement upon request

– Funding included

FINAL LEGISLATION

• Certain felony arrestees (violent and burglary)

• Automatic expungement

• Sample collected at booking but no analysis until arraignment

• Sunsets in 5 years

• Requires study on racial make-up of database

• No familial searching

• $1.3 million in funding

PROPOSED:

All Felony arrestees

Expungement upon request

AMENDED:

Automatic expungement

Sample destruction

No sharing of arrestee samples with foreign law enforcement entities

FINAL VERSION:

All Felony arrestees

Automatic Expungement

GOVERNOR VETO

OVERRIDE VOTE PENDING….

DNA Fingerprint Act passed by Congress in 2006

FBI Proposed Rule published, implementation to begin in 2009

Law applies to ANY arrest (including misdemeanors) made under federal authority, and to non US citizens who are sent to detention facilities

Estimated annual collections: one million samples• 150,000 federal arrestees• 850,000 detainees

Illegal Immigration and Federal Illegal Immigration and Federal Arrestees DatabaseArrestees Database

WHAT IS DRIVING WHAT IS DRIVING ARRESTEE DATABASE ARRESTEE DATABASE

LEGISLATION?LEGISLATION?

DEBBIE SMITH

Sexually Assaulted 1989, Database match in 1996

Advocated for convicted felon databasing in all states

Debbie Smith DNA Backlog Act 2004

PATTY SCOVILLE

MURDERED 1991

Database match in 2005, Conviction in 2008

Patty’s parents (David & Ann Scoville)

Advocated for all convicted felon legislation in all states (particularly Vermont and New York)

KEITH AND PATRICE HARRINGTON (Married 3 months)

Murdered 1980

East Area Rapist – Original Night Stalker identity still unknown

Considered responsible for 10 murders and over 50 rapes

FUNDED PROPOSITION 69 (CALIFORNIA) PASSED IN 2004

Bruce Harrington (Keith’s Brother)

KATIE SEPICH

Murdered 2003

Database match in 2006, Conviction in 2007

KATIE’S LAW (NEW MEXICO) ENACTED IN 2006

Katie’s Mother (Jayann Sepich)

BONNIE CRAIG

Murdered 1994

Database match in 2007, Pending Trial

ALASKA HB 90 SIGNED INTO LAW IN 2007

INCLUDES 90 DAY TURNAROUND TIME

Bonnie Craig’s mother (Karen Foster)

JOHNIA BERRY

MURDERED 2004

Suspect confirmed by DNA in 2007, Committed Suicide March 2008

JOHNIA BERRY ACT (TENNESSEE) SIGNED INTO LAW IN 2007

Johnia’s parents (Joan and Michael) pictured standing behind Governor

JULI BUSKEN

MURDERED 1996

Database match in 2003, Conviction in 2006

Juli’s Parents (Bud and Mary Jean)

JULI’S LAW (OKLAHOMA)

PASSED HOUSE 2008 – PENDING SENATE ACTION

BRITTANY PHILLIPS

Murdered 2004

No Database Match Yet

Brittany’s mother (Maggie Zingman)

TO CATCH A KILLER CARAVAN

MULTIPLE STATES (esp. Oklahoma & Florida)

JONBENET RAMSEY

Murdered 1996

No Database Match Yet

JonBenet’s Father (John Ramsey)

CALLING ON ALL LEGISLATORS TO PASS ARRESTEE DATABASE LAWS

WHO WILL BE THE NEXT VICTIM IN YOUR STATE?

KATIE’S LAW SUCCESSVictoria Sandoval11 year old raped and murdered Halloween 2005

In her bed at grandparents

Robert GonzalesQuickly identified as a suspect

Confesses during interrogation

DNA does not match but investigators certain

Found competent to stand trial in Dec 2007

Israel DiazArrested for felony burglary in April 2008

DNA match made in June

Located in federal custody – facing deportation

No link made between Gonzales and Diaz

FEDERAL FUNDINGFEDERAL FUNDING

President’s DNA Initiative / Debbie Smith DNA Backlog Grants

FISCAL YEAR 2004President’s Budget $151 millionHouse Proposal $151 millionSenate Proposal $34 millionFinal Compromise $98.9 million

FISCAL YEAR 2005President’s Budget $151 millionHouse Proposal $151 millionSenate Proposal $100 millionFinal Compromise $108.5 million

FISCAL YEAR 2006President’s Budget $151 millionHouse Proposal $151 millionSenate Proposal $89.5 millionFinal Compromise $107.145 million

FISCAL YEAR 2007President’s Budget $151 millionHouse Proposal $151 millionSenate Proposal $151 millionFinal Compromise None reached (funded at 2006

level of $107.145 million in CR)

Fiscal Year 2008

President’s Budget $0House Proposal $151 millionSenate Proposal $151 millionFinal Compromise $147 million

Fiscal Year 2009

President’s Budget $0House Proposal ??Senate Proposal $151Final Compromise ??

AUTHORIZATION V. APPROPRIATION

Federal grant programs (such as the Debbie Smith / NIJ DNA grants) must be authorized before money can be appropriated to them.

Federal programs are typically authorized to continue for several years.Money alloted to the program must be determined every year through the

appropriations process. Funds up to the amount authorized may be appropriated for each year.

The President’s DNA Initiative had authority to operate for five years (through 2008). The Debbie Smith DNA Backlog Grants are authorized through 2009.

2009 is the last year Congress can legally appropriate money to DNA grant programs, under the current law.

IS FY 2009 THE END OF FEDERAL DNA GRANTS?

HR 5057 Reauthorizes the Debbie Smith DNA Grants through 2014

HR 5057 SponsorRep. Carolyn Maloney (D-NY)

HR 5057 Co-SponsorRep. John Conyers (D-MI)Judiciary Committee Chair

HR 5057 Co-SponsorRep. Lamar Smith (R-TX)

Judiciary Committee Ranking Member

REAUTHORIZES DNA GRANTS AT $151 MILLION PER YEAR

STATUS: PASSED HOUSE! Pending in Senate…

HOUSE VERSION:

Increases grants from $151 million per year to $200 million per year

•Condition of eligibility is a state law to require DNA from all convicted felons

$50 million in additional funding authorized for “DNA Technology Enhancements”

Studies on feasibility and desirability of :•Private lab uploading •More limited technical review requirements•Greater use of contractors for technical review•Immediate upload of analyzed rape and murder evidence

Creation of NDIS Advisory Board

Study on resources needed to eliminate backlog and, once eliminated, how to prevent it from reoccurring

Incentive to expand to murder and sex offender arrestees

Incentives to create self-funding mechanisms

Study on integrity and security of DNA collection and storage procedures to determine “extent to which DNA samples are tampered with or otherwise contaminated in crime laboratories.”

Studies on cold hit follow up

Rep. Adam Schiff (D-CA) Rep. Anthony Weiner (D-NY)

BUT WAIT…THERE’S MORE

THANK YOUTHANK YOU

Lisa HurstLisa Hurst

202-251-8978202-251-8978

lhurst@gth-gov.comlhurst@gth-gov.com

www.dnaresource.comwww.dnaresource.com