1. FORENSIC DNA Legislative Update 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@gth-gov.com Washington, DC (202) 251-8978

2. Politicians have significant role in determining how forensic DNA is used Statute of Limitations Post Conviction Databases Funding $$ Backlog & Turn-around Evidence Retention

3. DNA DATABASE EXPANSION

4. Previously passed laws for felony arrestees (11) Introduced arrestee legislation in 2008 (22) Update on DNA Database Expansion 2008 Legislative Sessions No legislative session in (4) Introduced significant misdemeanor legislation in 2008 (4) NO law for all convicted felons yet (5) Introduced all convicted felons law in 2008 (2) * * Suspect legislation

5. EXPANSION TO CONVICTED FELONS

6. History of Expansion to All Convicted Felons 1999 - 2000 - 7 States 2001 - 12 States 2002 - 21 States 2003 – 30 States 2004 – 38 States 2005 – 43 States 2006 – 44 States 2007 – 45 States

7. Update on DNA Database Expansion 2008 Legislative Sessions ALL CONVICTED FELONS Collects from all convicted felons (46) Passed all convicted felons law in 2008 (1) Failed all convicted felons law in 2008 (1) * * Only felons in state prison

8. EXPANSION TO FELONY ARRESTS

9. History of Expansion to Felony Arrestees 2001 - 1 States 2002 - 2 States 2003 – 3 States 2004 –4 States 2005 – 5 States 2006 – 7 States 2007 – 11 States

10. ENACTED (2) Governor Veto (1) Arrestee DNA Databases 2008 State Legislative Sessions Bill is still viable (1) 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. 4DNA Fingerprint Act passed by Congress in 2006 4FBI Proposed Rule published, implementation to begin in 2009 4Law applies to ANY arrest (including misdemeanors) made under federal authority, and to non US citizens who are sent to detention facilities 4Estimated annual collections: one million samples 150,000 federal arrestees 850,000 detainees Illegal Immigration and Federal Arrestees Database

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. Patty’s 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. FUNDED PROPOSITION 69 (CALIFORNIA) PASSED IN 2004 Bruce Harrington (Keith’s Brother)

23. KATIE SEPICH Murdered 2003 Database match in 2006, Conviction in 2007

24. KATIE’S LAW (NEW MEXICO) ENACTED IN 2006 Katie’s Mother (Jayann Sepich)

25. BONNIE CRAIG Murdered 1994 Database match in 2007, Pending Trial

26. ALASKA HB 90 SIGNED INTO LAW IN 2007 INCLUDES 90 DAY TURNAROUND TIME Bonnie Craig’s mother (Karen Foster)

27. JOHNIA BERRY MURDERED 2004 Suspect confirmed by DNA in 2007, Committed Suicide March 2008

28. JOHNIA BERRY ACT (TENNESSEE) SIGNED INTO LAW IN 2007 Johnia’s parents (Joan and Michael) pictured standing behind Governor

29. JULI BUSKEN MURDERED 1996 Database match in 2003, Conviction in 2006

30. Juli’s Parents (Bud and Mary Jean) JULI’S LAW (OKLAHOMA) PASSED HOUSE 2008 – PENDING SENATE ACTION

31. BRITTANY PHILLIPS Murdered 2004 No Database Match Yet

32. Brittany’s mother (Maggie Zingman) TO CATCH A KILLER CARAVAN MULTIPLE STATES (esp. Oklahoma & Florida)

33. JONBENET RAMSEY Murdered 1996 No Database Match Yet

34. JonBenet’s Father (John Ramsey) CALLING ON ALL LEGISLATORS TO PASS ARRESTEE DATABASE LAWS

35. WHO WILL BE THE NEXT VICTIM IN YOUR STATE?

36. KATIE’S 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. President’s DNA Initiative / Debbie Smith DNA Backlog Grants FISCAL YEAR 2004 President’s Budget$151 million House Proposal$151 million Senate Proposal$34 million Final Compromise$98.9 million FISCAL YEAR 2005 President’s Budget$151 million House Proposal$151 million Senate Proposal$100 million Final Compromise$108.5 million FISCAL YEAR 2006 President’s Budget$151 million House Proposal$151 million Senate Proposal$89.5 million Final Compromise$107.145 million FISCAL YEAR 2007 President’s Budget$151 million House Proposal$151 million Senate Proposal$151 million Final CompromiseNone reached (funded at 2006 level of $107.145 million in CR) Fiscal Year 2008 President’s Budget $0 House Proposal$151 million Senate Proposal$151 million Final Compromise$147 million Fiscal Year 2009 President’s 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 President’s 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 Sponsor Rep. Carolyn Maloney (D-NY) HR 5057 Co-Sponsor Rep. John Conyers (D-MI) Judiciary Committee Chair HR 5057 Co-Sponsor Rep. Lamar Smith (R-TX) Judiciary Committee Ranking Member 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. 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. Adam Schiff (D-CA) Rep. Anthony Weiner (D-NY) BUT WAIT…THERE’S MORE

44. THANK YOU Lisa Hurst 202-251-8978lhurst@gth-gov.comwww.dnaresource.com