Forensic DNA Databases: A Global Update Presented by: Tim Schellberg, President GORDON THOMAS HONEYWELL Governmental Affairs Washington, DC (202) Tacoma, WA (253) st Interpol Australian Regional DNA Symposium Sydney, Australia 15 and 16 June 2010

Washington, DC Tacoma, Washington

Interpol Global DNA Profiling 2008 Survey Most comprehensive DNA Status Document Available Outlines key areas of each countries DNA program Extraordinary response rate - 80% Key finding: Of the 172 member countries  120 Countries use DNA  54 Countries have DNA Databases

Databases vs Active Reference Sample Databases (ARSD): A major difference GTH Definition of Active Reference Sample Databases  Actively collecting DNA from convicted or arrested offenders defined in statute or regulation. DNA profiles are stored in a nationwide database and routinely compared against crime scene evidence  30 of the approximately 190 countries in the world have reached this level

What does the difference mean to law enforcement? Hits, Hits, Hits  Limited value with non-ARSD Crime scene to crime scene hits do occur Crime scene to offender cold hits occur less than 1%  Compare to ARSD Crime scene to offender hit rates have reached 60% in mature databases Databases vs ARSD (cont.)

Identifying and Tracking the Progression Towards ARSD GTH to launch the DNA International “World Map” site Fall 2010  Identifies which countries have: Achieved ARSD Moving towards ARSD  Comprehensive data on each county: Legislation What type of offender databases Annual reports Media Technical and lab capacity issues

International sharing of ideas and data Healthy competition Momentum All of this is necessary in order to get legislators to move forward Value of the World Map Project

The Final Say in DNA Databases Decisions to create ARSD controlled by top Government officials and legislative entities In addition to crime control they are looking at privacy and politics

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, and many Asian countries  How many total samples will there be in 2015 or 2020? 2010 – 20 million – 50% from the US and UK

●●●● North America Central America South America Europe Middle East Africa Asia Australia & Oceania ●●●● Global Legislative Update

NORTH AMERICA

United States Until recently the United States focused just on convicted offenders In 2004 only 3 states collected DNA from arrested criminals Today, 23 states collected DNA from arrested criminals Laws allow for profile destruction if not convicted – Compare to the United Kingdom law. President Obama announces support of arrestee testing. New federal legislation to promote arrestee testing in the states Legislative focus on changing laws from convicted offenders to arrestees &bctid=

EUROPE

Europe Legislation passed in the last 12 months Italy - Convicted offenders – Passed June 2009 Greece – Convicted offenders – Passed August 2009 Macedonia - Convicted and arrested offenders – Passed August 2009 Who’s Next ? Ireland Czech Republic Lithuania Turkey

Arrestee policy European Court of Human Rights strikes down UK policy of permanent retention New coalition government in UK is headed towards destruction policy Big implications for all other European Countries Prüm Implementation of Prüm is primary focus in Europe European Court UK Prime Minister, David Cameron & Deputy Prime Minister Nick Clegg

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) Who is next?  India Legislation positioned to pass in 2010 Priority for new leadership  Thailand Legislation being drafted. CODIS being Considered  Vietnam Offender database policies being developed CODIS being considered

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 AUSTRALIA: What’s Next? More states considering arrestee laws

AFRICA

Africa Mauritius Passed June 2009  Who is next? South Africa Nigeria Kenya Ghana

SOUTH AMERICA

Chile - Legislation passed in 2009  Limited to violent convicted offenders  Implementation expected soon Brazil  World’s second largest installation of CODIS (17 locations) - May 17, 2010  Databasing legislation expected in late 2010 South America

Summary of Key International DNA Database Policy Issues Arrestee Databases Arrestee Sample Profile Destruction Familial Searching  Significant benefits - UK has used it 185 times and has solved 33 serious crimes  Privacy concerns causing limited use International Sharing

Thank You