Forensic DNA Legislative Update Summer 2007 Presented by: Gordon Thomas Honeywell Governmental Affairs Tacoma, WA (253) 620 -6500 Washington, DC (202) 258 -2301 Seattle, WA (206) 676 -7500 Tim Schellberg tims@gth-gov. com Lisa Hurst lhurst@gth-gov. com
Gordon Thomas Honeywell Government Affairs Tacoma, Washington, DC Seattle, Washington
DATABASE LEGISLATION
All Convicted Felons States 1999 - 6 States required DNA from all convicted felons 2007 – 45 States require DNA from all convicted felons
Legislative Push to All Felons (2000 -2006) ü Simple policy message in the state legislatures. ü Little advocacy by victims and law enforcement. ü Most state crime laboratories were hesitant. ü Credit goes to the Federal Government, DNA Commission on the Future of DNA Evidence and their “Groupies”, and local prosecutors. ü Opponents (ACLU and Defense Bar) mostly quiet after 2001. ü “Pass it and the money will come” was an essential strategy. ü Congressional backlog money was also essential.
Arrestee DNA Database Legislation 2006 through 2007 2006 – 11 states introduced arrestee legislation 2007 – 26 states introduced arrestee legislation
Arrestee DNA Database Legislation 2007 Status Enacted arrestee law in prior years (7) Enacted arrestee in 2007 (4) 2007 Legislation did not pass (21)
2007 DNA Database Legislation ST BILL # SPONSOR SUMMARY AL HB 588 Johnson AK SB 33 Bunde AK HB 90 Samuels AR HB 2755 Brown Adds juvenile adjudications for felonies to current convicted felons statute. Recommended for interim study AR SB 873 Miller Expands DNA database to include anyone arrested for a felony or Class A misdemeanor. Died in Committee AZ HB 2611 Groe Expands DNA database to include anyone arrested for murder, assault, sex assault, dangerous crimes against children, arson, burglary, kidnapping, , begininning January 1, 2008. AZ SB 1267 Gray Expands DNA database to include anyone arrested, begininning January 1, 2008. CO HB 1343 King Makes retroactive the current DNA database requirement for inclusion of probation and jail sentences for certain felony offenses. Expands to include juvenile adjudications for felony offenses. ENACTED CT HB 6293 Mikutel Expands DNA database to include anyone arrested for a violent sexual assault See SB 838 CT SB 838 Meyer Expands DNA database to include anyone arrested for a class A or B felony CT SB 841 Le. Beau Expands DNA database to include anyone arrested for “certain serious crimes. ” See SB 838 CT SB 894 Guglielmo Expands DNA database to include anyone arrested for murder or sexual assault See SB 838 FL HB 697 Snyder Expands DNA database to include misdemeanor convictions of stalking, voyeurism, videotaping of persons in dressing rooms, computer pornography, and exposing children to pornography. Passed House. Died in Senate. FL HB 2408 Crist Expands DNA database to include misdemeanor convictions of stalking, voyeurism, videotaping of persons in dressing rooms, computer pornography, and exposing children to pornography. Diedi n Fiscal Committee FL SB 2340 Oelrich Expands DNA database to include misdemeanor convictions of stalking, voyeurism, videotaping of persons in dressing rooms, computer pornography, and exposing children to pornography. Died in Committee GA HB 314 Neal Expands DNA database to include anyone arrested for a felony. STATUS Passed Policy Comittee Expands DNA database to include anyone charged with a felony offense. See HB 90 Expands DNA database to include anyone arrested for violent felonies and domestic abuse ENACTED Expands DNA database to include anyone arrested for a variety of violent and sex crimes, including prostitution, plus burglary Expands current database statute to also apply to persons who are convicted of various sex offenses and felonies but who are sentenced to probation instead of state prison. ENACTED Died in Committee See HB Died in Committee ENACTED
HI HB 686 Chang Expands DNA database to include juvenile adjudications for felony offenses. Died in Committee HI SB 799 Inouye Expands DNA database to include anyone arrested for a felony offense. Died in Committee HI SB 836 Kokubun Expands DNA database to include juvenile adjudications for felony offenses. Died in Committee IA HB 526 Public Safety Committee IA HB 593 Heaton IA SB 204 Judiciary Committee IL HB 991 Brady IL HB 1901 Mendoza Expands DNA database to include anyone arrested for a felony. IL SB 710 Hultgren Expands DNA database to include all sex offenses and offenses that are otherwise sexually motivated. Passed both chambers IL SB 1315 Clayborne Expands DNA database to include anyone arrested for a felony. Introduced IL SB 1346 Clayborne Expands DNA database to include persons whose cause of death was homicidal means. Passed both chambers IN HB 1730 Neese Expands DNA database to include adult felony arrests for murder and sex crimes. Also includes all adult convictions and juvenile adjudications for sex offenses registry crimes. Introduced KS HB 2381 Judiciary Committee Changes current law to require collection of DNA upon felony arrest to collection of DNA upon finding of probable cause for the arrest. Died in committee KS HB 2384 Judiciary Committee Expands DNA database to include all sex offender registry convictions. Permits expungement of arrestee profiles if no conviction. Adds additional sex crimes to the arrestee collection requirements. Died in committee KS SB 237 Judiciary Committee Changes current law to require collection of DNA upon felony arrest to collection of DNA upon finding of probably cause for the arrest. Died in committee KY HB 507 Meeks Expands DNA database to include all felony convictions and juvenile adjudications. Died in Committee ME HB 334 Marley Expands DNA database to include Class D & Class E convictions IF the person has a prior felony conviction for which DNA has not been collected. Died in Committee ME SB 76 Plowman Expands DNA database to include all sex offender registry convictions. Died in Committee MD HB 946 Walkup Expands DNA database to include all arrests for felonies. Died in Committee MD HB 996 Jameson Expands DNA database to include arrests for sexual offenses and kidnapping. Died in Committee MD HB 1000 Stocksdale Expands DNA database to include all arrests for felonies. Died in Committee Expands DNA database to include all offenses that require sex offender registration Expands DNA database to include anyone arrested for a felony. See SB 204 Died in Committee Expands DNA database to include all offenses that require sex offender registration ENACTED Expands DNA database to include persons whose cause of death was homicidal means. Passed both chambers Passed House
MD SB 169 Stone Expands DNA database to include arrests for felony burglary. Died in Committee MI HB 4092 Vagnozzi Expands DNA database to include arrests for violent felonies. Introduced MS HB 865 Fleming Expands DNA database to include any adult arrested for a felony sex crime or for any other felony offense that involves death, great bodily harm, aggravated assault, kidnapping, burglary, larceny, robbery, aggravated stalking or use of a firearm or an explosive. Died in Committee MS HB 991 Barnett Expands DNA database to include any adult arrested for a felony sex crime or for any other felony offense that involves death, great bodily harm, aggravated assault, kidnapping, burglary, larceny, robbery, aggravated stalking or use of a firearm or an explosive. Died in Committee MS HB 1533 Lott Expands DNA database to include any person convicted of a felony (current statute is permissive). Retroactive to include currently incarcerated in state prison, but not local jails and not those on probation or parole. Not applicable to juveniles. Died in Committee MS SB 2560 Fillingane Expands DNA database to include any person convicted of a felony (current statute is permissive). Retroactive to include currently incarcerated in state prison, but not local jails and not those on probation or parole. Not applicable to juveniles. Died in Committee MS SB 2779 Ross Expands DNA database to include any adult arrested for a felony offense. Died in Committee MS SB 2812 Albritton Expands DNA database to include any adult arrested for a felony offense. Died in Committee MO HB 334 Lipke Expands database include any person required to register as a sex offender. Died in Committee MO HB 406 Schad Expands DNA database to include arrests for felonies. Died in Committee MO HB 670 Burnett Expands DNA database to include arrests for felonies, and for juvenile adjudications for felony offenses. Died in Committee MO SB 553 Bartle Expands DNA database to include all Class A misdemeanor convictions, and felony juvenile adjudications. See SB 660 MO SB 557 Loudon Expands DNA database to include all misdemeanor convictions. See SB 660 MO SB 660 Loudon Expands DNA database to include all Class A misdemeanor convictions, and felony juvenile adjudications. Pending Full Senate Vote MT HB 263 Heinert Expands DNA database to include any adult charged with a felony crime, and any juvenile charged with a violent felony or sex crime Died in Committee NC SB 1003 Rand Expands DNA database to include any person arrested for a violent felony. Died in Committee NC HB 1697 Ray Expands DNA database to include any person arrested for a violent felony. Died in Committee ND HB 1197 Klemin Expands DNA database to include any adult arrested for a felony crime. Becomes effective January 2009. ENACTED ND 1355 Klemin Clarifies that current laws requiring DNA from all convicted felons includes guilty pleas, regardless of sentence. ENACTED
NH HB 783 Tilton Expands DNA database to include all felony convictions Died in Committee NJ HB 2708 Johnson Expands DNA database to include convictions of disorderly persons offenses, as well as from persons arrested for certain violent crimes, including murder, manslaughter, kidnapping and sex offenses. Introduced NJ SB 378 Sacco Expands DNA database to include convictions of disorderly persons offenses, as well as from persons arrested for certain violent crimes, including murder, manslaughter, kidnapping and sex offenses. Introduced NV AB 92 Anderson Expands DNA database to include all felony convictions. ENACTED NV AB 99 Weber Expands DNA database to include all felony convictions. See AB 92 NV AB 377 Gansert Expands DNA database to include sex offender registrations and crimes against children. NY HB 6617 Townsend NY HB 8693 Lentol NY SB 2094 Sampson NY SB 2375 Skelos Expands database to include all fingerprintable arrests. Passed Senate NY SB 4295 Volker Provides for a conviction of electronic stalking to trigger submission to the DNA Databank. Passed Senate NY SB 4448 Morahan NY SB 5848 Skelos Expands DNA database to include all misdemeanor convictions, including juvenile adjudications, and probation sentences. Permits local govts. to impose a collection fee. OK SB 659 Nichols Expands DNA database to include any person arrested for a felony crime. . Died in Conference. OR HB 2949 Brunn Expands DNA database to include any person arrested for a felony crime. Introduced. OR SB 849 Winters Expands DNA database to include any person arrested for a violent felony crime. Introduced RI HB 6135 Rice Expands DNA database to include all felony arrests. Held for study RI SB 269 Walaska Expands DNA database to include all felony arrests. Held for study SC HB 3255 Ceips SC HB SC SB 142 TN Died in Committee Expands database to include all fingerprintable arrests. Introduced Expands database to include all criminal convictions Introduced Expands database to include all misdemeanor convictions. Introduced Expands DNA database to include any person convicted of a felony crime after January 1, 2003 Introduced Passed Senate Expands DNA database to include any person arrested for a felony crime. See HB Expands DNA database to include any person arrested for a felony VETO Malloy Expands DNA database to include any person arrested for a felony See HB 563 Harwell Expands DNA database to include all sex offender registrants. See SB 1178 TN HB 867 Mumpower Expands DNA database to include any person arrested for a violent felony. See HB 1196 TN SB 1178 Black Expands DNA database to include all sex offender registrants. ENACTED TN SB 1196 Ramsey Expands DNA database to include any person arrested for a violent felony. ENACTED
TX HB 339 Leibowitz Expands current DNA database statute for certain felony arrestees to also include murder and manslaughter. Died in Committee TX HB 883 Goolsby Expands current DNA database statute for certain felony arrestees to also include capital murder. Died in Committee TX SB 1347 Patrick Closes loophole in current convicted felons database law to apply to anyone convicted, not just those sentenced to state prison. Passed Senate. Died in House. TX SB 1740 Shapiro Expands DNA database to include all sex offender registrants. Passed Senate. Died in House. VT HB 181 Koch Expands DNA database to include any person arrested for or cited with a felony crime. Died in Committee Passed Policy Committee. Died in fiscal committee. Died in Committee WA HB 1023 Miloscia Expands DNA database to include misdemeanor convictions and juvenile adjudications of: Animal cruelty; Assault; Coercion; Communication with a minor for immoral purposes; Custodial sexual misconduct; Failure to register as a sex offender; Harassment; Indecent exposure; Malicious mischief; Patronizing a prostitute; Possession of stolen property; Prostitution; Sexual misconduct with a minor; Stalking; Theft; Unlawful harboring of a minor; Violation of protective orders. WA SB 5095 Mc. Caslin Expands DNA database to include any person arrested for a felony or gross misdemeanor. WI AB 1 Wasserman Expands DNA database to include any person charged with a felony crime. Introduced WY HB 120 Judiciary Committee Expands DNA database to include all registered sex offenders ENACTED
Legislative Push to Arrestees (2006 -? ) ü A much more complex policy issue. Will take longer than six years. ü Cost issues are significant. Identification of funding sources and cost benefit analysis must be pursued for justification. ü Will take crime lab leadership and partnerships with private labs. ü Victims are becoming more involved. Law enforcement is still largely MIA. ü Prevention data is essential (i. e. the Chicago Study). ü Opponents (ACLU & Defense Bar) are more active. ü Strategy and compromise will be essential, such as: o Profile purge/sample destruction o Violent crimes only o Threats of Voters Initiatives o Permanent funding source
New Mexico New leader for advancing arrestee legislation: Jayann Sepich
SOUTH CAROLINA 2007 Arrestees Effort Interim 2006 Senate Task Force Considers Arrestee Testing January 2007 Senate bill for ALL arrestees introduced House bill for felony arrestees introduced (Katie’s Law) January 2007 Senate Committee amended to felony arrestees Senate President amends to ALL arrestees, passes Senate Commitment for funding February 2007 House Committee hearing Privacy Concerns… b Fe r Ma r Ap ay M
SOUTH CAROLINA May 31 Senate amends House bill on background checks for EMTs to include felony arrests June 7 ADJOURNMENT DAY (5 PM) House accepts arrestees with further amendment on collection Senate agrees to House amendment June 18 June 19 June 20 Governor Veto Republican-Libertarian Constitutional concens House Veto Override vote fails (43 -65) Human cloning and racial profiling concerns Senate leadership and law enforcement lobbying leads to second override vote…
SOUTH CAROLINA House votes to OVERRIDE veto (61 -52) BUT…”Super” majority (2/3) needed for override Still 15 votes short for override
ARIZONA Judiciary Chairman introduces a bill for ALL arrestees Increases “public safety fee” from 3% to 8% Passes policy and fiscal committee with concerns in February Dueling editorials Rules committee refuses to release bill b Fe r Ma r Ap ay M
ARIZONA DAILY STAR Expanding State Database is Impractical Now Expand DNA Database for Everyone’s Safety February 8, 2007 Founder and President of Rape Abuse Incest National Network (RAINN) March 7, 2007 Our view: DPS testing facilities must be expanded to handle the existing backlog A proposal to require that anyone arrested in Arizona submit a DNA sample for a database could theoretically help solve crimes faster, but the idea is impractical, costly and may infringe on the civil liberties of innocent citizens… The Arizona Daily Star's Feb. 8 editorial, "Expanding state DNA database is impractical now, " suggests that the Arizona Senate's proposed DNA bill would "theoretically help solve crimes faster. " In fact, we know from hard experience that an expanded database not only would solve many existing cases, but would also prevent many horrific crimes from happening in the first place…
ARIZONA May 31 Rules Committee releases the bill June 7 Caucuses vote in favor of the bill E-mail chain started for Grassroots support June 18 Arrests provision amended into criminal justice budget Passes Senate June 19 Passes House June 20 ADJOURNMENT DAY
Please read this message and help prevent rape and murder in Arizona!! Then forward it to everyone you know. My friend's daughter Katie Sepich, a beautiful 22 year old graduate student at New Mexico State University, was raped, murdered and set on fire in August of 2003. As a result my friend and his wife, Dave and Jayann Sepich, learned more than they ever wanted to know about our criminal justice system. They learned that DNA is NOT being taken upon arrest, as are fingerprints. After much research, they learned how DNA can be used not only to solve crimes, but prevent crimes and save lives. They fought to have a law passed in New Mexico, called “Katie’s Law” that mandates that DNA be taken upon certain felony arrests. This law went into effect in New Mexico in January of this year. They are now fighting to see similar laws passed in all fifty states. As of today, eleven states have a law requiring DNA upon felony arrest. Arizona is not one of them… …My friend's daughter, Katie was a beautiful, vivacious, incredibly wonderful young woman. There is nothing we can do for her now. But we can fight to pass laws that will save other young lives. DNA is truth. It was DNA that solved Katie’s murder. The man that killed her, Gabriel Avila, was arrested for aggravated burglary less than three months after he killed Katie. Had his DNA been taken upon his arrest, Katie’s murder would have been solved then and there. Unfortunately our family had to wait over three years for an answer. Avila skipped his bail and it wasn’t until December of 2006 that Katie’s murder was solved. Just this May, Avila was put in prison for his crimes and will not be eligible for parole for at least 68 years. The one thing that haunts us, however, is whether or not he harmed other young women in the time he was on the run after he was arrested for the burglary and before he went to prison for Katie’s murder. We will never know. But we do know that there are eleven states that have passed laws that will save the lives of thousands. Arizona needs this law now!! Thank you for your time and effort. We all have children and grandchildren, nieces and nephews in our lives that mean the world to us. This law could truly save the life of someone dear to you. Please forward this e-mail to everyone in your address book.
Arizona Crimes added: Homicide Manslaughter 1 st & 2 nd Degree Murder Indecent exposure Public sexual indecency Sexual abuse Sexual contact with a minor Sexual assault Child molestation Bestiality 1 st and 2 nd degree burglary Keeping or residing in a house of prostitution Portraying adult as minor Incest Soliciting abortion through a weapon 4% increase in public safety fee granted (more than doubles current funding). Excess offender DNA testing funds will be “banked” for a new databasing laboratory
Illegal Immigration and Federal Arrestees Database 4 DHS and the FBI are on pace to implementing in 2008. – Immigration Database – 350, 000 annual samples estimated – Federal Arrestees Database – 250, 000 annual samples estimated 4 Regulations currently being drafted. 4 Supporters watching potential legislative repeal attempts
NEXT STOP…
CONGRESSIONAL FUNDING
Congressional Funding Results (in $ millions) for federal DNA funding:
President’s Budget 2008 Proposal ü No separate DNA grant ü Byrne Public Safety Program Grants funded at $350 million – DNA is one of 6 broad purpose areas: (1) reducing violent crime at the local levels through the Project Safe Neighborhoods initiative; (2) addressing the criminal justice issues surrounding substance abuse through drug courts, residential treatment for prison inmates, prescription drug monitoring programs, methamphetamine lab cleanup, and cannabis eradication efforts; (3) promoting and enhancing law enforcement information sharing efforts; (4) improving the capacity of State and local law enforcement and justice system personnel to make use of forensic evidence and reducing DNA evidence analysis backlogs; (5) addressing domestic trafficking in persons; (6) improving and expanding prisoner re-entry initiatives; and (7) improving services to victims of crime to facilitate their participation in the legal process. ü Grants to be awarded competitively ü BJA is historical administrator for Byrne Grants
DNA Funding for FY 08 Senate Proposal $174 million $151 million – Debbie Smith Act Backlog Grants $5 million – Post conviction grants $6 million – DNA training and education for law enforcement, correctional personnel, and court officers $5 million – Research and development $2 million – Missing persons $5 million – NIJ forensics & DNA House Proposal FINAL PROPOSAL $174 million (? )
Federal DNA Funding Reauthorization DNA grant authority to EXPIRE in FY 2009
Will Your Lab Be Ready? Politicians need facts, figures, statistics and sound-bites Don’t wait until it’s too late
Denver Statistics (Sample of data needed to persuade politicians to spend money on DNA programs) • Identified over 40 prolific burglars since November 1, 2005. (A prolific burglar commits an average of 243 cases per year. ) • Burglary with DNA has a prosecution rate 5 times higher than cases without DNA. • Average sentence for burglars linked to DNA is over 12 years in prison (compared to 6 months without DNA evidence). • A recent case after police arrested one man - who later admitted to over 1000 burglaries – the burglary rate in the neighborhood dropped about 40%.
Other Emerging Policy Issues
“Other” Database Expansion Misdemeanor Convictions Option for states where arrestees is not politically viable. New York added significant number of misdemeanors in 2006, considering all misdemeanors in 2007. New Jersey includes all crimes with 6 month sentence. Homicides IL HB 991 -- Permits DNA from homicide victims Louisiana successes Missing Persons Significant effort by US DOJ National Missing and Unidentified Persons Initiative www. namus. gov Model Legislation NIJ grant to UNT for free testing
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. Need partnerships with private labs
30 -Day Turnaround Time… Early Success Feb. 5, 2007 11 year old raped at knife point in her bed SUSPECT #1: David Lynch • Lived in an “elaborate underground bunker” in nearby woods, journals found in bunker described fantasies of hunting children L CIVI ENT • Feb. 6 -- Arrested for the rape ITM MM • Feb. 19 -- NO DNA MATCH CO • Prosecutor: “All the other kinds of evidence pointed pretty strongly at him. The DNA was clearly not his. We knew at that point it was time to refocus the investigation. ” SUSPECT #2: Peter Inouye • Tips on sketch matches a neighbor who recently shaved • Domestic violence protection order and concealed weapon charges • Feb. 21 – Surveillance collects suspect’s spit from the street for DNA tests • Feb. 25 -- DNA MATCH • Trial pending…
Familial Searching Mitch Morrisey Denver District Attorney Is everyone a suspect? If your brother’s done some time, don’t do the crime… Is clear state and/or legislative authority needed?
Questions ? www. dnaresource. com tims@gth-gov. com
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