1. DNA & CRIME ARRESTEE DNA DATABASES Presented by Lisa Hurst Gordon Thomas Honeywell Governmental Affairs Atlanta, Georgia August 14, 2013 National Conference of State Legislatures Annual Meeting

2. I am not an advocate for frequent changes in laws or constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered, and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times.

3. Maryland v. King 2009 Arrest for 1 st degree felony assault. Pleads down to 2 nd degree assault (misdemeanor.) 2009 CODIS match to 2003 rape. 2003 rape Broke down the door of at a 52 year old woman’s home Wore hat and scarf on face Raped victim, holding a gun to her head Prior Record 1996 (13) – assault, battery and child abuse 2001 (18) – 2 nd degree assault (convicted) 2002 (19) – possession w/intent to distribute (convicted on possession) 2003 (20) - 2 nd degree assault (convicted) 2007 (24) – 1 st degree burglary

4. Held: When officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment. KING V. MARYLAND US SUPREME COURT: FINAL RULING

5. UNITED STATES LEGISLATIVE HISTORY ALL CONVICTED FELONS LEGISLATION 1999 – 5 states 2003 – 27 states 2008 – 42 states 2011 – 50 states ARRESTEE LEGISLATION 1999 – 1 state 2006 – 7 states 2012 – 25 states

6. STRUCTURE OF CODIS SDIS STATE DNA INDEX SYSTEM Georgia Bureau of Investigation Oklahoma State Bureau of Investigation Tulsa LDIS LOCAL DNA INDEX SYSTEM Oklahoma City NDIS NATIONAL DNA INDEX SYSTEM HOW IT WORKS

7. CODIS DNA Profile This is the only information in CODIS 1)LabXYZ = Originating Laboratory Identifier Laboratory XYZ 2)0012152 = Specimen ID # Sequential number automatically generated upon entry into CODIS 3)06,09,11,12,10,10,22,24,9.3,10,08,09, 14,14,15,17,17,22,25,12,12,9,10,09,13 4)DHL = Analyst Identifier LabXYZ 0012152 06,09,11,12,10,10,22,24,9.3,10,08,09, 14,14,15,17,17,22,25,12,12,9,10,09,13 DHL = STR Type

8. Missing Persons Convicted & Arrested Offenders Unidentified Human Remains Relatives of Missing Persons Forensic / Crime Scene STRUCTURE OF CODIS AVAILABLE INDEXES

9. STRUCTURE OF CODIS WHO HAS ACCESS? DNA CRIME LABS Accredited NDIS Approved No Private Labs Only personnel meeting specified clearance LAW ENFORCEMENT State, Local, Federal HOMELAND SECURITYOTHER Health Employer Public

10. Expungement Process Federal law mandates expungement provision as condition of participating in CODIS. State Lab deletes profile from SDIS and from offline database, and destroys sample. NDIS will automatically delete corresponding profile at next update. EVEN IF NDIS DOES NOT UPDATE, state’s removal of profile from offline database will leave no way to identify profile. Regular audits by the Office of the Inspector General ensure compliance. STRUCTURE OF CODIS GET ME OUT OF HERE!

11. ARRESTEE DNA LAWS Who is Included: Sex, Violent, Burglary felonies (9)All felony arrests (15) Sex & Violent felonies (3)

12. Collection after charges / indictment (2) Collection at Booking / probable cause (21) Collection at Booking, Analysis/Upload later (5) ARRESTEE DNA LAWS The Where and When Where are samples collected Automatic Expungement (7) Expungement on request (20) When is expungement

13. MISSOURI INDIANA (in-house/outsource) COLORADONORTH CAROLINA COLLECTION KIT $5 / $18.25*$5.15$6.00 ANALYSIS$31.20$19.00 / $29.00 $26.00 (outsource) MAINTENANCE $2.00 / $0 TOTAL$31.20$26 / $47.25unclear$30.00

14. FEDERAL FUNDING THE “OTHER” DEBBIE SMITH THE DEBBIE SMITH DNA BACKLOG ELIMINATION ACT (2004) For Casework AND Offender Samples AND Capacity Enhancement Allowable uses include: analysis, equipment, personnel (overtime and new hires), maintenance, validation, training Formula grant for all accredited state and state local DNA labs

15. FEDERAL FUNDING THE “OTHER” DEBBIE SMITH THE KATIE SEPICH ENHANCED DNA COLLECTION ACT (2012) Encourages state arrestee DNA laws by providing grants to cover first-year costs Up to $10 million per year will be available ELIGIBILITY CRITERIA Arrestee law must apply to most violent crimes AND burglary Arrestees must be notified in writing of expungement rights Expungement process must be posted on a public website Make expungement decisions within 90 days of request, and provide written response ONLY for grant years 2014 and 2015

16. California Department of Justice: Survey of 100 matches to Murder Rape and Robbery

17. California Department of Justice: Survey of 100 matches to Murder Rape and Robbery

18. California Department of Justice: Survey of 100 matches to Murder Rape and Robbery