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2005 LEGISLATIVE UDATE
National Association of Attorneys General
Criminal Law Division
Presented by:
Smith Alling Lane, P.S.Tacoma, WA (253) 627-1091Washington, DC (202) 258-2301London 0 (44) 798 953 8386
Lisa Hurst lhurst@smithallinglane.com
March 15, 2005
Governmental Affairs
Attorneys at Law
Smith Alling LaneA Professional Services Corporation
DNA DATABASE DNA DATABASE EXPANSIONEXPANSION
The Recent Trend To All FelonsThe Recent Trend To All Felons1999 - 6 States 2000 - 7 States
2006 - 45 States (est.) -- assuming data and funding
2001 - 12 States
2002 - 21 States 2003 – 30 States 2004 – 37 States
2004 Legislative Session:2004 Legislative Session:DNA Database Expansion BillsDNA Database Expansion Bills
Passed limited expansion legislation (2)
Currently an all-felons state (30)Enacted all felons legislation in 2004 (7)
Failed to pass all felons legislation (8)
*
Voters Initiative*
?
? Legislation vetoed due to unrelated provision
State DNA Database StatutesState DNA Database Statutes(As of February 2005)
STATESex
CrimesMurder
All Violent Crimes
BurglaryDrug
CrimesAll Felons Juveniles
Some Misde-
meanors
Arrestees/ Suspects
Jailed Offenders
Community Corrections
Retroactive Jail & Prison
Retroactive Probation &
Parole
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana *
STATESex
CrimesMurder
All Violent Crimes
BurglaryDrug
CrimesAll Felons Juveniles
Some Misde-
meanors
Arrestees/ Suspects
Jailed Offenders
Community Corrections
Retroactive Jail & Prison
Retroactive Probation &
Parole
Maine
Maryland
Massachusetts
Pennsylvania
Oregon
Oklahoma
Ohio
North Dakota
North Carolina
New York
New Mexico
New Jersey
New Hampshire
Nevada
Nebraska
Montana
Missouri
Mississippi
Minnesota
Michigan
STATESex
CrimesMurder
All Violent Crimes
BurglaryDrug
CrimesAll
FelonsJuveniles
Some Misde-
meanors
Arrestees/ Suspects
Jailed Offenders
Community Corrections
Retroactive Jail & Prison
Retroactive Probation &
Parole
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
TOTALS 50 50 48 47 40 37 32 26 4 48 48 36 22
2005 Legislative Session:2005 Legislative Session:All Felons DNA Database BillsAll Felons DNA Database Bills
Currently an all-felons state (37)Considering all felons legislation in 2005 (9)
2005 DNA Database 2005 DNA Database LegislationLegislation
(As of February 2005)(As of February 2005)ST Bill # Sponsor Summary Status
HI HB 64 ChangRequires collection of DNA from all persons convicted of a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Includes juveniles.
Committee
HB HB 191 MarumotoRequires DNA from all persons convicted of a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Does not include juveniles. Makes an appropriation.
Committee
HI HB 229 MarumotoRequires DNA from all persons convicted of a felony, and requires buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Does not include juveniles.
Committee
HI HB 590 SayRequires DNA from all persons convicted or arrested for a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples.
Deferred
HI SB 470Chun
Oakland
Requires DNA from all persons convicted of a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Does not include juveniles.
Passed Policy Committee
HI SB 699 BundaRequires DNA from all persons convicted or arrested for a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples.
See SB 470
HI SB 957 KokubunRequires DNA from all persons convicted of a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Does not include juveniles.
See SB 470
IAHD SB
40House Public
SafetyRequires DNA samples for convictions of murder, kidnapping, sex offenses, and some burglaries. (Roll-back on all felons statute, which has never been implemented.)
Committee
IASD SB
1074Senate
JudiciaryRequires DNA samples for convictions of murder, kidnapping, sex offenses, and some burglaries. (Roll-back on all felons statute, which has never been implemented.)
Committee
IL HB 779 MendozaExpands offender DNA database to include all felony arrests. Requires expungement if no conviction. Becomes effective upon funding or by January 2008.
Committee
IL HB 897 Millner Expands offender DNA database to include all felony convictions of not guilty by reason on insanity. Committee
IL HB 914 BradyRequires coroners to collect DNA samples from any person who is suspected to have died of unnatural causes, and for those samples to be included in the DNA database.
Committee
IL HB 992 Delgado Requires DNA samples within 45 days of conviction for persons sentenced to life in prison or to death.Passed Policy
Committee
IL SB 333 ClayborneExpands offender DNA database to include all felony arrests. Requires expungement if no conviction. Becomes effective upon funding or by January 2008.
Committee
IN HB 1241 HarrisExpands DNA database to include all convicted felons, including conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles. Includes $1 fee for all criminal convictions, infractions and ordinance violations.
Pending House Vote
IN HB 1253 LawsonExpands DNA database to include all convicted felons, including convictions of conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles.
See HB 1241
IN HB 1267 PondExpands DNA database to include all convicted felons, including convictions of conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles.
See HB 1241
IN SB 13 ZakasExpands DNA database to include all convicted felons, including convictions of conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles. Clarifies a database hit is not invalidated if sample is included by mistake.
Passed Policy Committee
IN SB 318 BrayExpands DNA database to include all convicted felons, including convictions of conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles.
See SB 13
IN SB 522 ZakasExpands DNA database to include residential entry and incest, plus attempts or conspiracy to commit any crime listed as a DNA database offense.
See SB 13
MS HB 882 Fillingane Makes mandatory current permissive language to collect DNA from all convited felons Committee
MT HB 113 Jent Expands offender DNA database to include all convicted felons. Passed House
ND HB 1061 Koppelman Would require DNA from all registered sex offenders, including those whose sentences are fully completed. Passed House
ND HB 1235 KleminExpands DNA database to include all convicted felons. Includes all sentences, but does not include juveniles and is not retroactive
Passed House
NE LB 143 PriceExpands DNA database to include all convicted felons, including juveniles. Includes community sentences, and retroactive only to currently incarcerated.
Committee
NJ HB 2747 JohnsonExpands offender DNA databases to include violent felony arrests and for disorderly conduct convictions. (New Jersey already collects from all convicted felons and some misdemeanors)
Committee
NJ SB 1513 SaccoExpands offender DNA databases to include violent felony arrests and for disorderly conduct convictions. (New Jersey already collects from all convicted felons and some misdemeanors)
Committee
NM HB 165 Balderas Would require DNA from all registered sex offenders, including those whose sentences are fully completed.Passed Policy
Committee
NM HB 1001 Arnold-Jones Requires DNA from all sex offenders upon registration. Committee
NM SB 55 Carraro Would require DNA from all registered sex offenders, including those whose sentences are fully completed.Passed Policy
Committee
NV LD 923 Weber Expands DNA database to include all convicted felons. Draft request – no language available yet. Draft Request
NY SB 1018 Sampson Expands offender DNA database to include all felony and misdemeanor convictions. Committee
OK HB 1219 MorganExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated (if convicted after 1996). Does not include juveniles.
Committee
OK HB 1509 RoanExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated (if convicted after 1996). Does not include juveniles.
Committee
OK SB 506 BrananExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated. Does not include juveniles.
See SB 646
OK SB 646 NicholsExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated (if convicted after 1996). Does not include juveniles.
Passed Subcommittee
OK SB 675 BrogdonExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated. Does not include juveniles.
See SB 646
TX HB 867 Allen Expands offender DNA database to include anyone required to register as a sex offender, retroactive to 1970. Committee
TX HB 1068 DriverExpands offender DNA database to include persons arrested for felony crimes. Requires expungement if no conviction.
Committee
VA HB 1639 MilesExpands DNA database to include persons arrested for soliciting prostitutes or a drug offense. (Virginia already collects from violent felony arrestees)
Committee
VT SB 5 Illuzzi Expands DNA database to include statutory rape. Committee
WA HB 1135 MilosciaExpands DNA database to include persons arrested for felonies, gross misdemeanors or patronizing prostitutes. Includes juveniles. Requires sample destruction if no conviction.
Hearing held 1/25
WA SB 5165 KlineExpands DNA database to include persons arrested for felonies, gross misdemeanors or patronizing prostitutes. Includes juveniles. Requires sample destruction if no conviction.
Hearing held 2/9
Arrestee LegislationArrestee Legislation
Arizona (2002, 2003) – All arrestsCalifornia (2004) – Felony arrestsColorado (2003) – Felony arrestsConnecticut (2000) – Fingerprintable arrestsIllinois (2004, 2005) – Felony arrestsLouisiana (2003) – Felony arrests and some misdemeanorsMaryland (2004) – Felony charges
New Jersey (2005) – Felony arrestsNew York (2001-2004) Fingerprintable arrestsOklahoma (2004) – Felony arrestsTexas (2001, 2005) – Certain felony arrests and
indictments, all felony arrestsVirginia (2002) – Violent felony arrestsWashington (2004, 2005) – Felony arrests
Enacted Arrestee Enacted Arrestee DNA TestingDNA Testing
Certain felony indictments, or upon arrest if previous conviction for certain offenses
Expungement required
Sample destruction required
All felony arrests
No expungement requirement
No sample destruction requirement
Violent felony arrests with probable cause
Expungement required
Sample destruction required
Some violent felony arrests now, all felony arrests in five years
Expungement required
No sample destruction requirement absent expungement
California DNA California DNA Initiative Initiative (Proposition 69)(Proposition 69)
Will other states follow?
States that allow ballot initiatives
FEDERAL DNA FEDERAL DNA FUNDINGFUNDING
2005 Congressional Budget2005 Congressional Budget
DNA Backlog Elimination Act $110.0 MEliminating casework and offender backlogs, strengthening crime lab capacity, training of the criminal justice community and identifying missing persons.
Coverdell Forensics Science Improvement $15.0 M
Edward Byrne Discretionary Grants $6.7 MSome earmarks for DNA and forensic science programs
Crime Identification Technology Act $11.5 MSome earmarks for DNA and forensic science programs
Edward Byrne Discretionary Grants.—Within the amounts provided, OJP is expected to review the following proposals, provide grants if warranted, and report to the Committees on Appropriations regarding its intentions:
• $2,000,000 for the National Forensics Science Technology Center in Largo, FL;
• $51,000 for the NH Department of Safety evidence storage expansion;
• $550,000 for Brown University Nanotechnology DNA Sequencing in RI;
• $225,000 for crime scene examination enhancement for the State of Alaska;
• $500,000 for the El Paso Regional Lab in TX;
• $100,000 for the Fulton County District Attorney’s Cold Case Unit in GA;
• $1,000,000 for the Mississippi Crime Lab to Address Forensic Backlog;
• $250,000 for the Ohio BCI Laboratory System Improvement Project;
• $200,000 for the Pikes Peak Metro Crime Lab DNA Laboratory in CO;
• $500,000 for Southeast Missouri State University;
• $200,000 for the Greenville Tech Forensic/DNS Laboratory in SC;
• $200,000 for the Texas Tech Forensic Science Institute;
• $150,000 for the University of Alabama at Birmingham Forensic Science Education and Training program;
• $400,000 for the Utah Valley State College Forensic Science Program;
• $200,000 for the Sam Houston State University, Texas, Center for Forensic Sciences.
• $200,000 for the Texas Center for Forensic Science;
Crime Identification Technology Act -- Within the overall amounts recommended, the conferees expect OJP to examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committees on Appropriations on its intentions for each proposal:
• $4,000,000 for the Marshall University Forensic Science DNA Lab in WV;
• $4,000,000 for the West Virginia University Forensic Science Initiative;
• $1,000,000 for the Forensic DNA Analysis Lab at North Dakota University;
• $1,000,000 for the Honolulu PD Crime Lab in HI;
• $500,000 for the Fox Valley Technical College [FVTC] DNA Training Initiative in WI;
• $1,000,000 for equipment and planning for the Vermont Forensics Laboratory; and
2006 President’s Budget Proposal2006 President’s Budget ProposalDNA ProvisionsDNA Provisions
STATUTORY LANGUAGE
(4) for technology for crime identification, $238,199,000, as follows: (A) $177,057,000 for a DNA analysis and capacity enhancement program, and for other State or Federal forensic activities, of which not less than $151,000,000 shall be for reducing and eliminating the backlog of DNA samples and for increasing State and local DNA laboratory capacity;
EXPLANATORY STATEMENT
DNA Enhancements.—$177.057 million is proposed for State and local crime laboratories to reduce and eventually eliminate backlogs of DNA casework samples (including crime scene and convicted offender samples), and for discretionary research, demonstrations, evaluation, statistics, technical assistance and training. Effective backlog reduction requires both the direct defray of sample analysis costs to meet immediate needs, and improvements, especially automation upgrades, in forensic laboratories to increase their capacity, eventually enabling them to keep abreast of their DNA analysis without additional Federal funding. These efforts will help prosecute the guilty and exonerate the innocent.
FEDERAL FEDERAL LEGISLATIONLEGISLATION
Legislation to Enact the Legislation to Enact the President’s DNA InitiativePresident’s DNA Initiative
Sen. Hatch Sen. Biden (R-UT) (D-DE)
Adv. Justice Through DNA Technology Act (S 1700)
Rep. Sensenbrenner (R-WI)
Advancing Justice Through DNA Technology Act (HR 3215)
Justice For All Act (HR 5107)
Sen. Kyl (R-AZ)
Adv. Justice Through DNA Technology Act (S 1828)
Sen. Leahy (D-VT)
Innocence Protection Act
Texas Association Against Sexual Assault
Lobbying Coalition Assembled for Lobbying Coalition Assembled for President’s DNA InitiativePresident’s DNA Initiative
International Association of Chiefs of Police
National Association of Police Organizations
National Sheriffs’ Association
Fraternal Order of Police
International Union of Police Organizations
Private Crime Labs
More than $1 billion over five years (2005 through 2009)
Title II – The Debbie Smith Act -- $151 million per year Casework - No-Suspect and Suspect (50% of each year’s appropriation) Offender DNA Analysis and Collection Enhanced DNA capacity Accreditation (1% of each year’s appropriation) Other Forensic Sciences (if lab can demonstrate no DNA backlog)
Title III – DNA Sexual Assault Justice Act – $107.1 million per year $30 million for Sexual Assault Forensic Exam Program $12.5 million for training for criminal justice professionals $15 million for research and development. $42.1 million for FBI DNA programs (including regional mtDNA labs) $2 Million for Missing Persons DNA Programs $5 Million for Post Conviction DNA Testing $500,000 National Forensic Science Commission
Title IV – Innocence Protection Act – $80 million per year $5 million for Kirk Bloodsworth Post-Conviction DNA Testing Grant $75 million to improve quality of Representation in Capital Cases
PRESIDENT’S DNA INITIATAIVE: PRESIDENT’S DNA INITIATAIVE: Justice For All Act (HR 5107)Justice For All Act (HR 5107)
Expands database to include all federal and military felons
Allows inclusion of persons charged with a crime
Allows inclusion of other DNA samples “collected under applicable legal authority”
BUT NOT:
Arrestees who have not been charged
Voluntary elimination samples
Permits national keyboard searches
PRESIDENT’S DNA INITIATAIVE: PRESIDENT’S DNA INITIATAIVE: Justice For All Act (HR 5107)Justice For All Act (HR 5107)
CODIS POLICY PROVISIONS
Questions ?Questions ?
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