AAFS Applied Biosystems 12th Annual Users Forum Governmental Affairs Program Update AAFS Applied Biosystems 12th Annual Users Forum Governmental Affairs Program Update February 21, 2007 San Antonio, Texas Tim Schellberg Presented by: Gordon Thomas Honeywell – Governmental Affairs Washington, DC (202) Tacoma, WA (253)

Gordon Thomas Honeywell Government Affairs Tacoma, Washington Washington, DC Seattle, Washington

THE LEGISALTIVE PUSH FOR ALL CONVICTED FELONS ( ) 6-year policy effort was quickly adopted by nearly every State Legislature. Data, such as increased hit rates and victim and law enforcement support, caused the quick response.

All Convicted Felons States States required DNA from all convicted felons States require DNA from all convicted felons

Results of All Convicted Felons Effort Enacted Legislation To Date Over 2 million offender samples have been created by all felon legislative efforts 2000/ ,000 database samples over five years Georgia (2000) Colorado Florida Michigan Montana Oregon Texas ,000 database samples over five years Arizona Illinois Iowa Kansas Minnesota Utah Washington ,000 database samples over five years Alaska Arkansas Connecticut Louisiana Massachusetts Mississippi New Jersey North Carolina South Dakota ,000 database samples over five years California Missouri Rhode Island South Carolina West Virginia ,000 database samples over five years North Dakota Hawaii Oklahoma Indiana Vermont Ohio Pennsylvania ,000 database samples over five years New York

New York Legislation The Effect of Victim Advocacy

New York Event Media Coverage NY officials and mayor ask lawmakers to expand DNA collection New York State Draws Nearer to Collecting DNA in All Crimes Bloomberg's DNA MAYOR WANTS DNA BLITZ ON ALL CROOKS Test DNA of every convict; Mike says it'll stop rapes Mayor Wants the Democrats To Allow More DNA Collection Bloomberg y fiscales quieren ADN de todos los delincuentes DNA from more offenders sought New York's DNA Bill Jumps Back In The Spotlight Victims: All Criminals Should Have To Submit Samples

Other Convicted Felons States Legislation introduced for 2007

Other Convicted Felons States Legislation introduced for 2007.

Other Convicted Felons States “Big Brother” (far-right) concerns

Other Convicted Felons States ACLU (far left) concerns with genetic privacy Legislation introduced for 2007

Other Convicted Felons States Powerful legislator with strong civil liberty interests has defeated all major expansion bills

Other Convicted Felons States ACLU (far left) concerns with genetic privacy

WHAT’S NEXT FOR DATABASE EXPANSION? It appears to be arrestee testing

Trend To Arrestees? States States States States (to date) 2001 – 2 States 1997 – 1 State

Chicago study of 8 offenders 60 preventable violent crimes, including 30 rapes and 22 murders Support for Arrestee Legislation 8 offenders Offenders accounted for 21 prior felony arrests, only 7 of which were violent felony arrests – two-thirds of prior arrests were for non-violent felonies. 60 unnecessary victims

Offender backlog grants may be used for samples collected under “applicable legal authority” Opens NDIS upload to any DNA sample collected under “applicable legal authorities” (prior law required non- convicted offenders to be charged in an indictment) US Attorney General may require DNA samples for anyone arrested or for any non-US resident detained under federal authority DNA Fingerprint Act (S. 1606) Department of Justice Reauthorization Act (HR ) Sen. Jon Kyl (R-AZ)

Arrestee DNA Database Legislation 2006 through – 11 states introduced arrestee legislation 2007 – 21 states have introduced arrestee legislation

2007 Arrestee Legislation STBILL #SPONSORSUMMARYSTATUS AKSB 33BundeExpands DNA database to include anyone charged with a felony offense.Introduced AZHB 2611Groe Expands DNA database to include anyone arrested for murder, assault, sex assault, dangerous crimes against children, arson, burglary, kidnapping. Introduced AZSB 1267GrayExpands DNA database to include anyone arrested for a felony offense. Passed Policy Committee CTHB 6293MikutelExpands DNA database to include anyone arrested for a violent sexual assaultIntroduced CTSB 838MeyerExpands DNA database to include anyone arrested for a class A or B felonyIntroduced CTSB 841LeBeauExpands DNA database to include anyone arrested for “certain serious crimes.”Introduced CTSB 894GuglielmoExpands DNA database to include anyone arrested for murder or sexual assaultIntroduced HISB 799InouyeExpands DNA database to include anyone arrested for a felony offense.Introduced ILSB 1315ClayborneExpands DNA database to include anyone arrested for a felony offense.Introduced INHB 1730Neese Expands DNA database to include adult felony arrests for murder and sex crimes. Also includes all adult convictions and juvenile adjudications for sex offenses registry crimes. Introduced MDHB 946WalkupExpands DNA database to include all arrests for felonies.Hearing 3/8 MDHB 996JamesonExpands DNA database to include arrests for sexual offenses and kidnapping.Hearing 3/8 MDHB 1000StocksdaleExpands DNA database to include all arrests for felonies.Hearing 3/8 MDSB 169StoneExpands DNA database to include arrests for felony burglary.Hearing 2/7 MIHB 4092VagnozziExpands DNA database to include arrests for violent felonies.Introduced MSHB 865Fleming Expands DNA database to include any adult arrested for a felony sex crime or for any other felony offense that involves death, great bodily harm, aggravated assault, kidnapping, burglary, larceny, robbery, aggravated stalking or use of a firearm or an explosive. Died in Committee – No Hearing MSHB 991Barnett Expands DNA database to include any adult arrested for a felony sex crime or for any other felony offense that involves death, great bodily harm, aggravated assault, kidnapping, burglary, larceny, robbery, aggravated stalking or use of a firearm or an explosive. Died in Committee – No Hearing MSSB 2779RossExpands DNA database to include any adult arrested for a felony offense. Died in Committee – No Hearing MSSB 2812AlbrittonExpands DNA database to include any adult arrested for a felony offense. Died in Committee – No Hearing

MOHB 670BurnettExpands DNA database to include arrests for felonies, and for juvenile adjudications for felony offenses.Introduced MTHB 263Heinert Expands DNA database to include any adult charged with a felony crime, and any juvenile charged with a violent felony or sex crime Committee Hearing 1/17 NDHB 1197Klemin Expands DNA database to include any adult arrested for a felony crime. Contingent upon federal funding being available to implement the act. Passed House NJHB 2708Johnson Expands DNA database to include persons convicted of disorderly persons offenses, as well as from persons arrested for certain violent crimes, including murder, manslaughter, kidnapping and sex offenses. Introduced NJSB 378Sacco Expands DNA database to include persons convicted of disorderly persons offenses, as well as from persons arrested for certain violent crimes, including murder, manslaughter, kidnapping and sex offenses. Introduced NYSB 2375SkelosExpands database to include all fingerprintable arrests.Introduced OKSB 659NicholsExpands DNA database to include any person arrested for a felony crime.Introduced RISB 269WalaskaExpands DNA database to include all felony arrests.Introduced SCHB 3255CeipsExpands DNA database to include any person arrested for a felony crime.Introduced SCSB 142MalloyExpands DNA database to include any person arrested for a felony offense.Passed Senate TNHB 867MumpowerExpands DNa database to include any person arrested for a violent felony.Introduced TNSB 1196RamseyExpands DNa database to include any person arrested for a violent felony.Introduced TXHB 339LeibowitzExpands current DNA database statute for certain felony arrestees to also include murder and manslaughter.Introduced TXHB 883GoolsbyExpands current DNA database statute for certain felony arrestees to also include capital murder.Introduced VTHB 181KochExpands DNA database to include any person arrested for or cited with a felony crime.Introduced WASB 5095McCaslinExpands DNA database to include any person arrested for a felony or gross misdemeanor.Introduced WIAB 1WassermanExpands DNA database to include any person charged with a felony crime.Introduced

States with Initiative Authority Direct Initiative (Directly onto ballot) AlaskaArizona ArkansasColorado IdahoMissouri MontanaNebraska North DakotaOklahoma OregonSouth Dakota UtahWashington Wyoming Indirect Initiative (Legislative consideration first) Maine Massachusetts Michigan Nevada Ohio

VICTIM BASED ADVOCACY California and New Mexico

FEDERAL LEGISLATION & BUDGETS

4DHS and the FBI are on pace to implementing in Regulations currently being drafted 4$22 Million in the President’s Budget to Implement 4Supporters watching potential legislative repeal attempts Illegal Immigration and Federal Arrestees Database

Congressional Funding Results (in $ millions) for federal DNA funding: ?

President’s Budget 2008 Proposal No separate DNA grant Byrne Public Safety Program Grants funded at $350 million – DNA is 1 of 6 broad purpose areas: (1) reducing violent crime at the local levels through the Project Safe Neighborhoods initiative; (2) addressing the criminal justice issues surrounding substance abuse through drug courts, residential treatment for prison inmates, prescription drug monitoring programs, methamphetamine lab cleanup, and cannabis eradication efforts; (3) promoting and enhancing law enforcement information sharing efforts; (4) improving the capacity of State and local law enforcement and justice system personnel to make use of forensic evidence and reducing DNA evidence analysis backlogs; (5) addressing domestic trafficking in persons; (6) improving and expanding prisoner re-entry initiatives; and (7) improving services to victims of crime to facilitate their participation in the legal process. Grants to be awarded competitively BJA is historical administrator for Byrne Grants

Victim Groups Advocating for Full Funding

Reauthorization of Federal DNA Funding Authorization of Debbie Smith DNA Backlog Grant funds to expire in 2009 President’s DNA Initiative – 5 year program ends in 2008

Questions ?