FORENSIC DNA POLICY DEVELOPMENTS THE US AND ABROAD

FORENSIC DNA POLICY DEVELOPMENTS: THE US AND ABROAD Life Technologies HID University July 12, 2011 Atlanta, GA Presented by: Lisa Hurst GORDON THOMAS HONEYWELL Governmental Affairs

US POLICY

US POLICY Post Conviction Access, Biological Evidence Retention Statute of Limitations / John Doe Warrants Familial Searching • See www. innocenceproject. org • See www. RAINN. org • See www. denverda. org DNA Database Expansion Backlog Trouble Funding…

DNA Databases ALL 50 States Now Require DNA from All Convicted Felons Previously enacted laws for arrestee DNA collection

DNA 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)

ARRESTEE DNA LAWS Who is Included: All felony arrests (13) Sex, Violent, Burglary felonies (10) Sex & Violent felonies (3)

ARRESTEE DNA LAWS Where is the Collection Point: Collection at Booking / probable cause (20) Collection after charges / indictment (4) Collection at Booking, Analysis/Upload later (3)

ARRESTEE DNA LAWS When does Expungement occur: Expungement on request (18) Automatic Expungement (8)

Legal Challenges to Arrestee DNA Database Statutes COLLECTION POINT STATUS Probable Cause Virginia Supreme Court: NOT a violation of 4 th Amendment In the Matter of the Welfare of: CTL (Minnesota) Indictment Minnesota Court of Appeals: Violation of 4 th 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 CASE STATE COURTS Anderson v. Virginia

FEDERAL COURTS US v. Mitchell US v. Pool US v. Thomas Haskell v. Brown (California) Indictment Federal District Court: Violation of 4 th Amendment 3 rd Circuit Appeal en banc: Oral arguments heard 2/23/11 Indictment 9 th Circuit Appeal: NOT a violation of 4 th Amendment 9 th Circuit Appeal en banc: Briefs submitted Indictment Federal District Court: NOT a violation of 4 th Amendment 2 nd Circuit Court of Appeals: On docket Booking Federal District Court: Likely NOT a violation of 4 th Amendment (ruling on preliminary injunction) 9 th Circuit Appeal: Decision stayed pending Pool outcome

T I K E P A R v BACKLOGS

Congressional Solutions Broad Themes Ø Systemic approach (backlogs not just the lab’s problem) Ø Collection to Court approach Sen. Patrick Leahy (D-VT) Specific Proposals o Grants to inventory police evidence rooms o Federal definition of “backlog” o Federal protocols for DNA evidence handling o Backlog and/or status reporting requirements o National Rape Kit Registry (SAFER Act)

State Solutions THOU SHALL TEST ALL RAPE KITS

Illinois 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

Ø 47% increase in new cases (70 more per month). Ø 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) Ø Outsourcing ($2. 6 million) Ø Backlog erased by 2015 Ø

ILLINOIS MODEL? Texas SB 1636 (2011) – ENACTED INCOMING CASES Ø 30 days to submit new sex assault cases OLD CASES Ø List of unsubmitted cases due to the lab by 10/2011 Ø Cases submitted by 04/2012, based on availability of space Lab must submit a plan by 02/2013 Ø Lab must analyze or contract for analysis all cases by 09/2014 “to the extent funding is available” Ø

ILLINOIS MODEL? California AB 322 (2011) – PENDING ANNUAL RAPE KIT REPORTING Ø # collected Ø # submitted for analysis Ø # submitted but untested Ø # not submitted PILOT PROGRAM Ø 9 counties -- forcible rape arrest rates under 12% Ø All rape kits will be submitted and tested • 750 cases for 2007 -2009

FEDERAL BUDGET BATTLES

Congressional Funding Results (in $ millions) for federal DNA funding: 0 0 FY 2011 0 (beginning Oct. 2010) 0 COPS Account cut 17. 2% 0 0 0 2001 2003 2005 2007 2009 2011

004 NIJ Allocation to Casework Backlog Grant Program $20 Million increase in grant funding for FY 2011 2006 2008 2010

Congressional Funding . A. O. D OBAMA BUDGET PROPOSAL FY 2012 $110, 000 for DNA-related and forensic programs and activities…Provided that grants 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

FY 2012 HOUSE PROPOSAL (Appropriations Committee) $1 BILLION in CUTS to state and local law enforcement assistance grants DNA PROGRAM: $125. 3 MILLION NO CUT

INTERNATIONAL DEVELOPMENTS

Countries with Forensic DNA Capacity Interpol Handbook on DNA Data Exchange & Practice, 2009 Performing DNA profiling Not performing DNA profiling status is unknown

Countries 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 Jordan Latvia Netherlands New Zealand Macedonia Norway Portugal Slovenia Slovakia Singapore South Korea Spain Sweden Switzerland Taiwan United Arab Emirates UK USA

Countries 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

www. dnaresource. com

Post Election Violence - Kenya

Republic of Congo Rwanda

Human Body Part Trafficking

United Nations Peacekeepers

Thank You www. dnaresource. com lhurst@gth-gov. com