Forensic DNA Databases: A Global Update Presented by: Tim Schellberg, President GORDON THOMAS HONEYWELL Governmental Affairs Washington, DC (202) Tacoma, WA (253) th Annual Applied Biosystems Middle East HID User Meeting Bahrain March 2010

Washington, DC Tacoma, Washington

 SOLVE MORE CRIME  PREVENT MORE CRIME  EXONERATE THE INNOCENT  COST / BENEFIT Why Offender DNA Databases?

Why larger database are necessary? Offender Database Size Controls the “Hit Rates” Estimates Sex offenders 5% Sex offenders & Violent offenders____ 10% Sex offenders, Violent offenders and Property crimes 20% All crimes 45% All arrestees 60% Whole Population_________________________________90-99%?

Politics of DNA Databases Decisions controlled by top Government officials. Legislation required in most countries Crime Control vs. Privacy

The World is Positioning for Explosive Growth of Offender DNA Database Programs 2000~ 6% of the world’s population has passed and implemented offender DNA database legislation/policy (United States and United Kingdom) 2010 ~ 30% of the world’s population has passed and implemented offender DNA database legislation/policy Largest countries added between 2000 and 2010 : China, Germany, France and Spain 2015~ 60% of the world’s population will have passed and implemented offender DNA database legislation/policy. Largest countries with offender DNA database Legislation/Policy positioned to be passed and implemented by 2015: India, Brazil, Russia, Japan How many total samples will there be in 2015 or 2020? 2010 – 20million – 50% from the US and UK

North America Central America South America Europe Middle East Africa Asia Australia & Oceania GLOBAL LEGISLATIVE UPDATE

Comprehensive and up-to- date information on DNA database programs worldwide. Color-coded for easy recognition of database status Country profiles include DNA database criteria and technical specifics Continuously updated resources to include laws, amendments, news articles, and other external information International.DNAresource.com

NORTH AMERICA

UNITED STATES Legislation passing in most states Civil liberty and criminal defense interests are fighting the change Courts reviewing the policy -- Early cases support arrestee testing President Obama announces support er/bcpid ?bclid= &bctid= Legislative focus on changing laws from convicted offenders to arrestees

EUROPE

The EU Effect EU Mandate for DNA database – COUNCIL DECISION 2009/426/JHA of 16 December 2008 – Article 9 3 (d) Effect of decision Italy - Convicted offenders – Passed June 2009 Greece – Convicted offenders – Passed August 2009 Ireland - Convicted and arrested offenders – Expected to pass soon Prum Treaty Compliance Mandated by the EU Arrestee legal issues – The Marper Challenge (Dec. 2008)  European Court of Human Rights  FINDING: Permanent retention of arrestee DNA samples a violation of privacy under the European Convention of Human Rights  UK must develop new policies.

ASIA

ASIA Aggressive expansion in offender DNA databasing  Large Countries have begun or will soon begin offender testing: China (20% of world population), India (17% of world population), Japan (1.9% of world population), South Korea (.73 percent of world population) Scientific coordination among countries beginning Common database themes among countries still being defined

South Korea  Approved by the Korean Parliament in December, takes effect in July 2010  Includes offenders arrested of violent and sexual crimes Malaysia  Passed June 2009  Includes offenders arrested of all crimes and detainees  The world’s most compressive DNA database legislation to date ASIA: New Legislation

Vietnam Offender database policies being developed CODIS being considered ASIA: DNA legislation is expanding rapidly – Who is next? Thailand Legislation being drafted. CODIS being pursued India Legislation positioned to pass in 2010 Priority for new leadership

AUSTRALIA & OCEANIA

The Criminal Investigations (Crime Scene) Bill expands the national database (passed October 27, 2009 ) Permits investigators to collect samples from anyone they 'intend to charge' Includes provisions for destruction of suspect samples NEW ZEALAND: New Legislation

AFRICA

Mauritius  DNA Identification Act 2009 passed in late June  Includes convicted offenders and suspects  Suspect profile held up to 10 years South Africa  The Criminal Law (Forensic Procedures) Bill is currently before Parliament  Includes provisions for crime scene, convicted offender, and volunteer and exclusionary profiles  Expected to pass; has significant support from the ANC Nigeria  National DNA database bill passed second reading in the Senate on October 14, 2009 AFRICA: New Legislation

SOUTH AMERICA

Brazil  Legislation of all convicted offenders expected soon.  Brazilian Federal Police to run program. Chile  Recent legislation to be implemented  Limited to violent convicted offenders Argentina  State of Cordoba and District of Buenos Aires passed legislation to allow a DNA database. Scope of the database to be developed administratively. SOUTH AMERICA: New Legislation

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