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FORENSIC DNA Legislative Update Future Trends in Forensic DNA Technology Applied Biosystems Seminar

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FORENSIC DNA. Legislative Update. Future Trends in Forensic DNA Technology ... Politicians have significant role in determining how forensic DNA is used ... – PowerPoint PPT presentation

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Title: FORENSIC DNA Legislative Update Future Trends in Forensic DNA Technology Applied Biosystems Seminar


1
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_at_gth-gov.com
Washington, DC (202) 251-8978
2
  • Politicians have significant role in determining
    how forensic DNA is used

3
DNA DATABASE EXPANSION
4
Update on DNA Database Expansion 2008
Legislative Sessions

5
EXPANSION TO CONVICTED FELONS
6
History of Expansion to All Convicted Felons
7
Update on DNA Database Expansion 2008
Legislative Sessions ALL CONVICTED FELONS


Only felons in state prison
8
EXPANSION TO FELONY ARRESTS
9
History of Expansion to Felony Arrestees
10
Arrestee DNA Databases 2008 State Legislative
Sessions
ENACTED (2)
Bill has died (19)
Previously passed arrestee legislation (11)
11
  • All felony arrests
  • Expungement upon request
  • No additional state funding

12
  • 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

13
  • 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

14
  • PROPOSED
  • All Felony arrestees
  • Expungement upon request
  • AMENDED
  • Automatic expungement
  • Sample destruction
  • No sharing of arrestee samples with foreign law
    enforcement entities

15
  • FINAL VERSION
  • All Felony arrestees
  • Automatic Expungement
  • GOVERNOR VETO
  • OVERRIDE VOTE PENDING….

16
Illegal Immigration and Federal Arrestees Database
  • 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

17
WHAT IS DRIVING ARRESTEE DATABASE LEGISLATION?
18
DEBBIE SMITH Sexually Assaulted 1989, Database
match in 1996 Advocated for convicted felon
databasing in all states Debbie Smith DNA Backlog
Act 2004
19
PATTY SCOVILLE MURDERED 1991 Database match in
2005, Conviction in 2008
20
Pattys parents (David Ann Scoville)
Advocated for all convicted felon legislation in
all states (particularly Vermont and New York)
21
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
22
Bruce Harrington (Keiths Brother)
FUNDED PROPOSITION 69 (CALIFORNIA) PASSED IN 2004
23
KATIE SEPICH Murdered 2003 Database match in
2006, Conviction in 2007
24
Katies Mother (Jayann Sepich)
KATIES LAW (NEW MEXICO) ENACTED IN 2006
25
BONNIE CRAIG
Murdered 1994 Database match in 2007, Pending
Trial
26
Bonnie Craigs mother (Karen Foster)
ALASKA HB 90 SIGNED INTO LAW IN 2007 INCLUDES 90
DAY TURNAROUND TIME
27
JOHNIA BERRY MURDERED 2004 Suspect confirmed by
DNA in 2007, Committed Suicide March 2008
28
Johnias parents (Joan and Michael) pictured
standing behind Governor
JOHNIA BERRY ACT (TENNESSEE) SIGNED INTO LAW IN
2007
29
JULI BUSKEN MURDERED 1996 Database match in 2003,
Conviction in 2006
30
Julis Parents (Bud and Mary Jean)
JULIS LAW (OKLAHOMA) PASSED HOUSE 2008
PENDING SENATE ACTION
31
BRITTANY PHILLIPS Murdered 2004 No Database Match
Yet
32
Brittanys mother (Maggie Zingman) TO CATCH A
KILLER CARAVAN MULTIPLE STATES (esp. Oklahoma
Florida)
33
JONBENET RAMSEY Murdered 1996 No Database Match
Yet
34
JonBenets Father (John Ramsey) CALLING ON ALL
LEGISLATORS TO PASS ARRESTEE DATABASE LAWS
35
WHO WILL BE THE NEXT VICTIM IN YOUR STATE?
36
KATIES 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
37
FEDERAL FUNDING
38
Presidents DNA Initiative / Debbie Smith DNA
Backlog Grants
FISCAL YEAR 2004 Presidents Budget 151
million House Proposal 151 million Senate
Proposal 34 million Final Compromise 98.9
million FISCAL YEAR 2005 Presidents Budget 151
million House Proposal 151 million Senate
Proposal 100 million Final Compromise 108.5
million FISCAL YEAR 2006 Presidents Budget 151
million House Proposal 151 million Senate
Proposal 89.5 million Final Compromise 107.145
million FISCAL YEAR 2007 Presidents Budget 151
million House Proposal 151 million Senate
Proposal 151 million Final Compromise None
reached (funded at 2006 level of 107.145
million in CR)
Fiscal Year 2008 Presidents Budget 0 House
Proposal 151 million Senate Proposal 151
million Final Compromise 147 million
Fiscal Year 2009 Presidents Budget 0 House
Proposal ?? Senate Proposal 151 Final
Compromise ??
39
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 Presidents 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.

40
IS FY 2009 THE END OF FEDERAL DNA GRANTS?
41
HR 5057 Reauthorizes the Debbie Smith DNA Grants
through 2014
HR 5057 Co-Sponsor Rep. Lamar Smith
(R-TX) Judiciary Committee Ranking Member
HR 5057 Sponsor Rep. Carolyn Maloney (D-NY)
HR 5057 Co-Sponsor Rep. John Conyers
(D-MI) Judiciary Committee Chair
  • 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

42
BUT WAIT…THERES MORE
  • 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. Anthony Weiner (D-NY)
Rep. Adam Schiff (D-CA)
43
(No Transcript)
44
THANK YOU
  • Lisa Hurst
  • 202-251-8978
  • lhurst_at_gth-gov.com
  • www.dnaresource.com
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