FORENSIC DNA Legislative Update Future Trends in Forensic

FORENSIC DNA Legislative Update Future Trends in Forensic DNA Technology Applied Biosystems Seminar August 26, 2008 Washington, DC Presented by: Gordon Thomas Honeywell Governmental Affairs Lisa Hurst lhurst@gth-gov. com Washington, DC (202) 251 -8978

Politicians have significant role in determining how forensic DNA is used Post Conviction es as tab a D & Backlog ound Turn-ar of te s tu Sta tation i Lim Fund ing $$ ce den on Evi nti e Ret

DNA DATABASE EXPANSION

Update on DNA Database Expansion 2008 Legislative Sessions * No legislative session in (4) Previously passed laws for felony arrestees (11) NO law for all convicted felons yet (5) Introduced all convicted felons law in 2008 (2) Introduced significant misdemeanor legislation in 2008 (4) Introduced arrestee legislation in 2008 (22) * Suspect legislation

EXPANSION TO CONVICTED FELONS

History of Expansion to All Convicted Felons 1999 - 2000 - 7 States 2001 - 12 States 2002 - 21 States 2004 – 38 States 2003 – 30 States 2006 – 44 States 2005 – 43 States 2007 – 45 States

Update on DNA Database Expansion 2008 Legislative Sessions ALL 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 ARRESTS

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

Arrestee DNA Databases 2008 State Legislative Sessions ENACTED (2) Governor Veto (1) 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….

Illegal Immigration and Federal Arrestees Database 4 DNA Fingerprint Act passed by Congress in 2006 4 FBI Proposed Rule published, implementation to begin in 2009 4 Law applies to ANY arrest (including misdemeanors) made under federal authority, and to non US citizens who are sent to detention facilities 4 Estimated annual collections: one million samples • 150, 000 federal arrestees • 850, 000 detainees

WHAT IS DRIVING ARRESTEE DATABASE 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

Bruce Harrington (Keith’s Brother) FUNDED PROPOSITION 69 (CALIFORNIA) PASSED IN 2004

KATIE SEPICH Murdered 2003 Database match in 2006, Conviction in 2007

Katie’s Mother (Jayann Sepich) KATIE’S LAW (NEW MEXICO) ENACTED IN 2006

BONNIE CRAIG Murdered 1994 Database match in 2007, Pending Trial

Bonnie Craig’s mother (Karen Foster) ALASKA HB 90 SIGNED INTO LAW IN 2007 INCLUDES 90 DAY TURNAROUND TIME

JOHNIA BERRY MURDERED 2004 Suspect confirmed by DNA in 2007, Committed Suicide March 2008

Johnia’s parents (Joan and Michael) pictured standing behind Governor JOHNIA BERRY ACT (TENNESSEE) SIGNED INTO LAW IN 2007

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

Jon. Benet’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 SUCCESS Victoria Sandoval 11 year old raped and murdered Halloween 2005 In her bed at grandparents Robert Gonzales Quickly identified as a suspect Confesses during interrogation DNA does not match but investigators certain Found competent to stand trial in Dec 2007 Israel Diaz Arrested 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 FUNDING

President’s DNA Initiative / Debbie Smith DNA Backlog Grants FISCAL YEAR 2004 President’s Budget House Proposal Senate Proposal Final Compromise $151 million $34 million $98. 9 million FISCAL YEAR 2005 President’s Budget House Proposal Senate Proposal Final Compromise $151 million $100 million $108. 5 million FISCAL YEAR 2006 President’s Budget House Proposal Senate Proposal Final Compromise FISCAL YEAR 2007 President’s Budget House Proposal Senate Proposal Final Compromise Fiscal Year 2008 President’s Budget House Proposal Senate Proposal Final Compromise $0 $151 million $147 million Fiscal Year 2009 $151 million $89. 5 million $107. 145 million $151 million None reached (funded at 2006 level of $107. 145 million in CR) President’s Budget House Proposal Senate Proposal Final Compromise $0 ? ? $151 ? ?

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 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 Sponsor Rep. Carolyn Maloney (D-NY) HR 5057 Co-Sponsor Rep. John Conyers (D-MI) Judiciary Committee Chair HR 5057 Co-Sponsor Rep. Lamar Smith (R-TX) Judiciary Committee Ranking Member REAUTHORIZES DNA GRANTS AT $151 MILLION PER YEAR STATUS: PASSED HOUSE! Pending in Senate… HOUSE VERSION: üIncreases 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 ü$50 million in additional funding authorized for “DNA Technology Enhancements” üStudies 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

BUT WAIT…THERE’S MORE ü Creation of NDIS Advisory Board ü Study on resources needed to eliminate backlog and, once eliminated, how to prevent it from reoccurring ü Incentive to expand to murder and sex offender arrestees ü Incentives to create self-funding mechanisms ü 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. ” ü Studies on cold hit follow up Rep. Adam Schiff (D-CA) Rep. Anthony Weiner (D-NY)

THANK YOU Lisa Hurst 202 -251 -8978 lhurst@gth-gov. com www. dnaresource. com