Title: FORENSIC DNA POLICY DEVELOPMENTS: THE US AND ABROAD
1FORENSIC DNA POLICY DEVELOPMENTS THE US AND
ABROAD
Presented by Lisa Hurst GORDON THOMAS
HONEYWELL Governmental Affairs
Life Technologies HID University July 12,
2011 Atlanta, GA
2(No Transcript)
3US POLICY
4US POLICY
5DNA Databases ALL 50 States Now Require DNA from
All Convicted Felons
Previously enacted laws for arrestee DNA
collection
6DNA Databases
Previously enacted laws for arrestee DNA
collection (24)
Introduced arrestee DNA collection in 2011 (20)
Passed arrestee DNA collection in 2011 (2)
Arrestee DNA collection bill failed to pass in
2011 (12)
Introduced expanded DNA collection bill in 2011
(6)
7ARRESTEE DNA LAWS Who is Included
8ARRESTEE DNA LAWS Where is the Collection Point
9ARRESTEE DNA LAWS When does Expungement occur
10Legal Challenges to Arrestee DNA Database Statutes
CASE COLLECTION POINT STATUS
STATE COURTS
Anderson v. Virginia Probable Cause Virginia Supreme Court NOT a violation of 4th Amendment
In the Matter of the Welfare of CTL (Minnesota) Indictment Minnesota Court of Appeals Violation of 4th Amendment (final decision not appealed)
California v. Buza Booking California Court of Appeals Ruling due by Sept. 15
Arizona (3 cases involving juveniles) Booking Arizona Court of Appeals Pending decision
11FEDERAL COURTS
US v. Mitchell Indictment Federal District Court Violation of 4th Amendment 3rd Circuit Appeal en banc Oral arguments heard 2/23/11
US v. Pool Indictment 9th Circuit Appeal NOT a violation of 4th Amendment 9th Circuit Appeal en banc Briefs submitted
US v. Thomas Indictment Federal District Court NOT a violation of 4th Amendment 2nd Circuit Court of Appeals On docket
Haskell v. Brown (California) Booking Federal District Court Likely NOT a violation of 4th Amendment (ruling on preliminary injunction) 9th Circuit Appeal Decision stayed pending Pool outcome
12BACKLOGS
RAPE KIT
v
13Congressional Solutions
Broad Themes
- Systemic approach (backlogs not just the labs
problem)
- Collection to Court approach
Sen. Patrick Leahy (D-VT)
Specific Proposals
- Grants to inventory police evidence rooms
- Federal definition of backlog
- Federal protocols for DNA evidence handling
- Backlog and/or status reporting requirements
- National Rape Kit Registry (SAFER Act)
14State Solutions
THOU SHALL TEST ALL RAPE KITS
15Illinois Sexual Assault Evidence Submission Act
of 2010
- INCOMING CASES
- Law enforcement -- 10 days to submit all sex
assault (SA) evidence - Crime labs -- 6 months to analyze SA evidence
upon sufficient funding
- OLD CASES
- Law enforcement
- Written accounting of unsubmitted SA cases by
10/15/2010 - Submitted to lab within 180 days of enactment
- State lab plan due 02/2011
16- 47 increase in new cases (70 more per month).
- 4,000 untested rape kits (100 agencies not yet
responded) - 325 with SOL approaching
- 460 past SOL
- 3,250 with longer window for SOL
- 5 new forensic analysts (400,000)
- Outsourcing (2.6 million)
- Backlog erased by 2015
17ILLINOIS MODEL?
- Texas SB 1636 (2011) ENACTED
- INCOMING CASES
- 30 days to submit new sex assault cases
- OLD CASES
- List of unsubmitted cases due to the lab by
10/2011 - Cases submitted by 04/2012, based on availability
of space - Lab must submit a plan by 02/2013
- Lab must analyze or contract for analysis all
cases by 09/2014 to the extent funding is
available
18ILLINOIS MODEL?
- California AB 322 (2011) PENDING
- ANNUAL RAPE KIT REPORTING
- collected
- submitted for analysis
- submitted but untested
- not submitted
- PILOT PROGRAM
- 9 counties -- forcible rape arrest rates under
12 - All rape kits will be submitted and tested
- 750 cases for 2007-2009
19FEDERAL BUDGET BATTLES
20Congressional Funding
Results (in millions) for federal DNA funding
FY 2011 (beginning Oct. 2010) COPS Account cut
17.2
21NIJ Allocation to Casework Backlog Grant Program
22Congressional Funding
OBAMA BUDGET PROPOSAL FY 2012
D.O.A.
110,000,000 for DNA-related and forensic
programs and activitiesProvided that grants for
forensic crime laboratories shall be made
contingent on the establishment of an agreement
with each law enforcement agency served
establishing a protocol that meets standards
established by the Office of Justice Programs for
the submission and testing of DNA rape kit
evidence
23FY 2012 HOUSE PROPOSAL (Appropriations Committee)
1 BILLION in CUTS to state and local law
enforcement assistance grants
DNA PROGRAM 125.3 MILLION
NO CUT
24INTERNATIONAL DEVELOPMENTS
25Countries with Forensic DNA CapacityInterpol
Handbook on DNA Data Exchange Practice, 2009
- Performing DNA profiling Not performing DNA
profiling DNA profiling status is unknown
26Countries With Offender Databases?
- 38 countries have IMPLEMENTED offender databases
Estimated 25 million offender samples worldwide
Australia Austria Barbados Belarus Belgium Canada
Chile China Croatia Cyprus Denmark Estonia Finland
France Germany Hong Kong Hungary Israel Japan Jor
dan Latvia Netherlands New Zealand Macedonia Norwa
y Portugal Slovenia Slovakia Singapore South
Korea Spain Sweden Switzerland Taiwan United Arab
Emirates UK USA
27Countries Using CODIS (35) No connectivity to US
Argentina ? Australia ? Barbados ? Belgium ?
Bosnia ? Botswana ? Brazil ? Canada ? Cayman
Islands ? Chile ? Colombia ? Croatia ? Czech
Republic ? Denmark ? Estonia ? Finland ? France ?
Greece ? Hong Kong ? Hungary ? Iceland ? Israel ?
Italy ? Korea ? Latvia ? Lithuania ? Netherlands
? Norway ? Poland ? Portugal ? Singapore ?
Slovakia ? Spain ? Sweden ? Switzerland
28www.dnaresource.com
29(No Transcript)
30- Post Election Violence - Kenya
31Rwanda
32Human Body Part Trafficking
33United Nations Peacekeepers
34Thank You
www.dnaresource.com lhurst_at_gth-gov.com