Presentation on theme: "The DNA Fingerprint, Unsolved Crime & Innocence Protection Act"— Presentation transcript:
1The DNA Fingerprint, Unsolved Crime & Innocence Protection Act Presentation Courtesy of STEVE COOLEYDistrict Attorney of Los Angeles County
2DNA is the Fingerprint of the 21st Century “[The] use of DNA evidence can revolutionize the way crime is fought. Not since fingerprints has law enforcement had such a powerful ally.” (Los Angeles Times, 01/27/02)
3For almost a 100 years, people arrested for criminal offenses have provided fingerprints, palm prints and mug shots during the typical police station booking process.These traditional identification tools have assisted law enforcement in solving crime by identifying criminals.
421st Century Crime Fighting DNA Data Banks:21st Century Crime FightingWith the emergence of DNA data banks, law enforcement can now use DNA not just to assist in establishing guilt of a known suspect, but in solving crimes and ultimately preventing serious crime.
5The DNA Fingerprint Initiative Data Bank ExpansionThe DNA Fingerprint InitiativeThe Initiative’s Funding Measure
7The Recent Trend To All Felons StatesStatesStatesStatesStates2003 – 31 StatesStates (est.) -- assuming data and funding
8DNA Database Expansion Bills 2003 Legislative Session:DNA Database Expansion Bills***Enacted all felons legislation in 2003 (9)Currently an all-felons state (22)Failed to pass all felons legislation (8)Introduced but failed to pass limited expansion legislation (1)*Addressed sunset provisions in database statute
9DNA Database Expansion Bills 2004 Legislative Session:DNA Database Expansion Bills*Considering all felons legislation in 2004 (11)Currently an all-felons state (32)*Considering limited expansion legislation (3)Through a voters’ initiative
10Emerging Database Trends Arrestee Testing Proposals Arizona (2002, 2003) – All arrestsCalifornia (2004) – Felony arrestsColorado (2003) – Felony arrestsConnecticut (2000) – Fingerprintable arrestsIllinois (2004) – Felony arrestsLouisiana (2003) – Felony arrests and some misdemeanorsMaryland (2004) – Felony chargesNew York ( ) Fingerprintable arrestsOklahoma (2004) – Felony arrestsTexas (2001) – Certain felony arrests and indictmentsVirginia (2002) – Violent felony arrestsWashington (2004) – Arrests for criminal charges
11Enacted Arrestee DNA Testing All felony arrestsNo expungement requirementNo sample destruction requirementCertain felony indictments, or upon arrest if previous conviction for a qualifying offenseExpungement requiredSample destruction requiredViolent felony arrests after determination that probable cause exists for the arrestExpungement requiredSample destruction required
12Emerging Database Trends Misdemeanor Convictions Some states require DNA from specific misdemeanorsAlabama, Arkansas, Arizona, Kansas, Iowa, Louisiana, Maine, Maryland, Michigan, Minnesota, New Jersey, Ohio, Oregon, WashingtonMisdemeanor pleas if originally charged with a qualifying felony offenseRepeat violent offenders; Multiple misdemeanor convictionsLewd and lascivious conduct; Indecent exposure; Public indecencyElder abuseStalkingAnimal CrueltyProstitution & Soliciting prostitutesPeeping
13It’s all about the “Hit Rate” Why Is DNA Database Expansion So Important?It’s all about the “Hit Rate”50%40%60%30%
14Cold Hit defined:“A hit occurs when DNA analysis of a crime scene sample with no suspect matches a profile in a database of previously convicted offenders, a database of samples from those individuals arrested for specified crimes, or a database of other crime scene profiles.” (www.dcjs.org/forensic/information/dna.cfm)
15Virginia’s DNA Program Virginia has one of the most mature all felon data banks.Virginia’s Division of Forensic Science has had over 1700 cold hits.308 cold hits in 2001.445 cold hits in 2002.608 cold hits in 2003.
16Findings from Virginia: Approximately 81% of “hits” would have been missed if data bank were limited to only violent offenders.
17Findings from Virginia: The next few slides demonstrate the kinds of crimes committed by drug offenders and forgers. These crimes were solved by cold hits with the Virginia all felon data bank. Drug offenses and forgery are categorized as non-violent offenses.
18Virginia’s “Cold Hits” on the DNA Database All Drug Offenders to Type of Crime Solved
19Virginia’s “Cold Hits” on the DNA Database Drug Possession Only to Type of Crime Solved
20Virginia’s “Cold Hits” on the DNA Database Forgery to Type of Crime Solved
21Findings from Virginia: Approximately 35% of violent crimes solved were perpetrated by individuals with previous property crime convictions.
22Virginia’s “Cold Hits” on the DNA Database Previous Criminal Conviction of Offenders Identified
23California’s DNA Program California has one of the oldest DNA data bank laws.California collects DNA samples from violent offenders only.CA Department of Justice DNA Lab reports over 700 cold hits.
24Other COLD HIT Programs Raising the Bar United Kingdom’s Forensic Science Service reports over 1000 matches per week between offender database samples and crime scene samples.
25THE DNA FINGERPRINT INITIATIVE ISSUE #2THE DNA FINGERPRINT INITIATIVE
26All Adult Felony Offenders: The DNA Fingerprint Act Expands California’s DNA Data Bank to Include -All Adult Felony Offenders:All persons convicted of any felony offense are required to provide samples for the DNA data bank.
27All Juvenile Felony Offenders: The DNA Fingerprint Act Expands California’s DNA Data Bank to Include -All Juvenile Felony Offenders:Juveniles who are made a ward of the Court and found to have committed a felony offense are required to provide samples for the DNA data bank.
28All Adult & Juvenile Misdemeanor P.C. 290 Registrant Offenders: The DNA Fingerprint Act Expands California’s DNA Data Bank to Include -All Adult & Juvenile Misdemeanor P.C. 290 Registrant Offenders:All persons convicted of a P.C. 290 misdemeanor sex offense requiring registration as a sex offender are required to provide samples for the DNA data bank.
29All Adult Murder and Felony P.C. 290 (Sex Offenses) Arrestees: The DNA Fingerprint Act Expands California’s DNA Data Bank to Include -All Adult Murder and Felony P.C. 290 (Sex Offenses) Arrestees:All adults arrested for murder or P.C. 290 felony sex offenses are required to provide samples for the DNA data bank.
30The DNA Fingerprint Act Expands California’s DNA Data Bank to Include - Starting the 5th year following enactment of the Initiative – All Adult Felony Arrestees:A person whose sample has been collected may seek expungement of his/her profile if not convicted or the case is dismissed or the conviction is reversed.
31Significant Changes to Current Data Bank Statute Buccal Swabs (mouth swabs) for DNA collectionBlood samples are eliminated!Funding ProvidedMandatory Out-Sourcing for DNA testing of offender samples IF offender samples are not tested by DOJ/DNA lab within 6 months.
32DNA FINGERPRINT INITIATIVE Policy Measures Data Bank Expansion – All FelonsApply expanded database initiative retroactivelyAllow inclusion of other DNA samples “legally obtained”Expungement required - A person whose sample has been collected may seek expungement of his/her profile if not convicted or case dismissed or conviction reversed
33THE DNA INITIATIVE’S FUNDING MEASURE ISSUE #3THE DNA INITIATIVE’S FUNDING MEASURE
34Government Code Section 76104.6 is added. One dollar for every ten dollars ($10.00) on every fine, penalty or forfeiture imposed and collected by the courts for criminal offenses including all Vehicle Code violations (except parking tickets).
35The DNA Initiative's Funding Measure At the Conclusion of the 3rd Year the DNA Fingerprint Act will provide sufficient revenue for 750,000 samples for costs incurred in collection, analysis and upload to CODIS.California will have a database of approximately one million profiles by the end of 2007.Starting the 4th Year the funding measure will provide significant revenue to local law enforcement for DNA testing in unsolved cases.
36What Can Funds Be Used For? Costs of collecting offender samples.New equipment and software integral to confirming that a person qualifies for entry into the Database.DNA testing in cases in which DNA evidence would be useful in identifying or prosecuting suspects (i.e. broader than “unsolved cases”). Includes costs incurred in:The processing, analysis, tracking, and storage of DNA crime scene samples.Procurement of new equipment and software for the processing, analysis, tracking and storage of DNA crime scene samples from unsolved cases.
37The DNA Fingerprint Initiative All-Felon DatabaseCrime Lab Funding
38The DNA Fingerprint Initiative Solving CrimeProtecting the wrongfully accusedStopping serial killers & rapistsSafeguarding society
39The DNA Fingerprint Initiative will allow law enforcement to utilize DNA to its fullest potential. It will revolutionize the way violent crime is fought and dangerous criminals identified. Law enforcement will not just solve crimes, but crimes will be prevented by identifying, successfully prosecuting, and thereby removing violent predators from the communities we are sworn to protect.
40We must make decisions to maximize the ability of law enforcement to engage in 21st century crime fighting. This is an unique opportunity to catch up to the rest of the nation and protect the public we serve. Let’s seize this opportunity!Steve Cooley, District Attorney Los Angeles County March 24, 2004