LEGISLATIVE UPDATE DNA Grantees Meeting June 28, 2006

1. LEGISLATIVE UPDATEDNA Grantees MeetingJune 28, 2006 Presented by: Smith Alling Lane, P.S. Tacoma, WA (253) 627-1091 Washington, DC (202) 258-2301 Brussels, Belgium (011) 322 550 3744 Lisa Hurst lhurst@smithallinglane.com

2. Smith Alling Lane Government Affairs Division Tacoma, Washington Washington, DC Brussels, Belgium

3. OFFENDER DNA DATABASES

4. 1999 - 6 States 1998 – 5 States 1997 – 4 States 2000 - 7 States 2001 - 12 States 2002 - 21 States 2003 – 30 States 2004 – 38 States 2005 – 43 States Trend To All Convicted Felons

5. 2006 All Convicted Felons Bills Enacted all convicted felons legislation in 2006 Introduced but did not pass all convicted felons legislation Currently collects from convicted felons

6. Governor George Pataki Senate Majority Leader Joseph Bruno Speaker of the Assembly Sheldon Silver New York Legislation Every year, since 2001 Governor Pataki (R) has requested legislation to require DNA from all convicted felons. Every year, the State Senate (controlled by Republicans) has passed legislation to require DNA from all convicted felons. Every year, the Speaker of the State Assembly (Democrat) has killed the legislation without giving it a hearing.

7. New York Executive Order 143 In December 2005, Governor Pataki issued Executive Order 143 Requires DNA from any convicted felon as part of a plea agreement, and for any early release or community supervision program. HOWEVER, compliance and collections will be inconsistent without clear statutory authority. LEGISLATIVE SOLUTION STILL NEEDED Proposal for ALL convicted criminals endorsed by: Governor, New York City Mayor, District Attorneys, Chiefs of Police, Sheriffs, victims and victim support groups Significant media coverage

8. New York -- Assembly Proposal Assembly Bill 11951 -- All convicted felons, and some misdemeanors. • Assembly Bill 11952 – • Consider expansion to all misdemeanors, BUT requires a study first – including backlogs expected and number of hits that have resulted in conviction • Outlawed local indexes • Required notification of requirement for DNA • sample prior to any misdemeanor plea • Numerous Innocence Project Provisions

9. New York -- Legislative Outcome Assembly Bill 11951 -- All convicted felons, and some misdemeanors. PLUS PETTY LARCENY Prior Law: 14% of all criminal convictions included on the database (18,000 samples per year) New Law: 50% of all criminal convictions included on the database (40,000 to 60,000 samples per year) No legislative language regarding local indexes.

10. WHAT’S NEXT FOR DATABASING?

11. Here Come the Arrestees… All Convicted Felons Laws Arrestees Laws 1997 – Louisiana passes first arrestee law 1990 – Virginia passes first all convicted felons law 8 YEARS LATER… 8 YEARS LATER… 1998 – 5 states have all convicted felons laws 2005 – 5 states have arrestee laws 1999 – 6 states have all convicted felons laws 2006 (to date) – 7 states have arrestee laws 2000 through 2005 sees EXPLOSION 43 states with all convicted felons laws 2007 and Beyond…

12. 2002 - 3 States 2001 – 2 States 1997 – 1 State 2004 - 4 States 2005 - 5 States 2006 - 6 States (to date) Trend To Arrestees?

13. 8 offenders 60 unnecessary victims Support for Arrestee Legislation Chicago study of 8 offenders 60 preventable violent crimes, including 30 rapes and 22 murders 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.

14. Sen. Jon Kyl (R-AZ) DNA Fingerprint Act (S. 1606) Department of Justice Reauthorization Act (HR 3402. ) • 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) • Puts onus on arrested individual to request expungement if no conviction results • US Attorney General may require DNA samples for anyone arrested or for any non-US resident detained under federal authority

15. Victim Voices New Mexico Katie Sepich California Bruce Harrington Tennessee Johnia Berry

16. Subject: Help Pass Katie's Law -- it will save lives PLEASE HELP PASS KATIE'S LAW please forward to everyone you know that lives in New Mexico!! PLEASE HELP PASS A LAW THAT WILL SAVE LIVES, SOLVE CRIME AND PROTECT THE INNOCENT!! On August 31, 2003, our beautiful daughter, Katie Sepich  was brutally raped and murdered in Las Cruces, New Mexico.  Since that time our family has been astonished to learn that we are not using the latest technology available to solve crime and prevent lives.  DNA is the technological updated version of the fingerprint and it is NOT being taken in New Mexico UNTIL AFTER conviction.  By this time it is too late to stop serial criminals and save lives. WE ARE NOT USING THE LATEST TECHNOLOGY TO STOP RAPISTS AND MURDER'S AND SAVE LIVES!!! …Think of the lives this law would save.  Think of the innocent that would not even be prosecuted, let alone wrongfully convicted.  Think of the taxpayer dollars that would be saved in investigating and prosecuting crime. My husband, Dave and I testified before the interim Courts, Corrections and Justice Committee in November of 2005.  Even though the committee seemed very receptive, they voted NOT TO ENDORSE the bill.We believe not using the technology we have available to stop murderers and rapists is a crime. If you live in New Mexico, please contact your legislators by phone, e mail, or letter. ..Please let them know that you support Katie's Law and want to see it passed in 2006.  If enough legislators hear from enough voters THEY WILL PASS KATIE'S LAW!! You can be part of making a difference---this law will solve crime, save lives and protect the innocent.  Aren't you tired of the laws that protect criminals?  This law protects the innocent. There are letters and an e mail attached, if you would like to fill in the blanks, or copy and paste.  Or create a heartfelt plea of your own. Please forward this e mail to everyone you know in New Mexico.

17. What About the Other States? • Louisiana – Baton Rouge Serial Killer • Virginia – Long-standing DNA database • Kansas, Minnesota, Texas…??? Strong Legislators who see arrestee testing as a “no-brainer” criminal justice matter.

18. Arrestee Bills 2001 through 2005

21. 2006 Arrestee Bills Currently collects from some arrestees Pending arrestees legislation (6) Introduced but failed to pass legislation in 2006 Enacted arrestees legislation in 2006

22. NEXT STOP…

23. What About Misdemeanors? • Removes “database of the innocent” arguments • Alleviates allegations of racial bias • No problematic expungement and/or sample destruction requirements • Many misdemeanor convictions were originally arrested on felony charges.

24. Misdemeanor Convictions • Some states require DNA from specific misdemeanors Misdemeanor pleas if originally charged with a qualifying felony offense Repeat violent offenders; Multiple misdemeanor convictions Lewd and lascivious conduct; Indecent exposure; Public indecency 3rd & 4th degree sexual abuse; sexual battery Elder abuse Menacing; Harassment; Stalking Animal Cruelty Prostitution & Soliciting prostitutes Peeping False imprisonment 4th degree burglary Any registered sex offender Petty larceny All “crimes” (New Jersey) All Class A Misdemeanors (Utah)

25. 2006 Missing Persons Bills Pending legislation Introduced but failed to pass legislation in 2006 Enacted legislation in 2006

26. FUNDING

27. PRESIDENT’S DNA INITIATIVE: Justice For All Act of 2004 (HR 5107) More than $1 billion over five years (2005 through 2009) Title II – The Debbie Smith Act -- $151 million per year • Casework - No-Suspect and Suspect (50% of each year’s appropriation) • Offender DNA Analysis and Collection • Enhanced DNA capacity • Accreditation (1% of each year’s appropriation) • Other Forensic Sciences (if lab can demonstrate no DNA backlog) Title III – DNA Sexual Assault Justice Act – $102.1 million per year • $30 million for Sexual Assault Forensic Exam Program • $12.5 million for training for criminal justice professionals • $15 million for research and development. • $42.1 million for FBI DNA programs (including regional mtDNA labs) • $2 Million for Missing Persons DNA Programs • $500,000 National Forensic Science Commission Title IV – Innocence Protection Act – $80 million per year • $5 million for Kirk Bloodsworth Post-Conviction DNA Testing Grant • $75 million to improve quality of Representation in Capital Cases

28. 2006 Congressional Budget • DNA Initiative $108.5 M Eliminating casework and offender backlogs, strengthening crime lab capacity, training of the criminal justice community and identifying missing persons. • Coverdell Forensics Science Improvement $18.5 M • Edward Byrne Discretionary Grants $7.15 M Some earmarks for DNA and forensic science programs • Crime Identification Technology Act $16.075 M Some earmarks for DNA and forensic science programs

29. 2007 Congressional Budget DNA Initiative Funding President’s Proposal $175.568 Million Of which, $151 must be for DNA backlog and capacity building House Proposal $175.568 Million to include backlog and capacity grants; missing persons; post conviction; and CSI training, education and technical assistance $0 to Paul Coverdell NFSIA grants Senate Proposal ?? (significantly cut in last 3 years) Final Proposal ???

30. STATE FUNDING • The President’s DNA Initiative expires in 2009 • Are States going to spend more on DNA? • “Public Safety Fee” • California Model -- $1 on every $10 in fines • Outsourcing of offender samples over 6 months old • 70% of funds collected go to state lab for first 2 years • 50% for third year • 25% thereafter

31. CASEWORK TURNAROUND…

32. CASEWORK TURNAROUND… THE MISSING PIECE? Washington State 30-Day Stranger Rape Kit ProjectComing soon to a city or state near you? • Guarantees a 30 day turnaround time for all no-suspect stranger rape kits (from date of receipt by lab) • Analyzed AND uploaded Liaison from Washington Association of Sheriffs and Police Chiefs to work daily with law enforcement throughout state for timely submission of rape kits. The implications for future state and municipal law makers

33. CASEWORK TURNAROUND… THE MISSING PIECE? MINNESOTA FORENSIC LABORATORY ADVISORY BOARD • DUTIES OF THE BOARD: • Recommend “guidelines” for forensic analysis processing times • Consider “goals and priorities identified in the presidential DNA initiative” when adopting and recommending the guidelines. • Consider feasibility of lab’s ability to meet guidelines. • Recommend “reasonable” deadlines for processing evidence. • Report to the Legislature each year on actual turn-around times and recommendations to improve these times.

34. Other Legislation • Database match not invalidated if sample on the database by mistake (TN) • A person may chose whether to have a blood draw or buccal swab (NE) • Reporting requirements for DNA evidence reported to state lab but not in labs custody (IL) • Establish processing times for forensic evidence (MN) • Forensic Science Commissions (CT, MN, NH, VT) • DNA evidence must be tested by an accredited lab (IL, VA) • Training standards for DNA evidence storage personnel (NY) • Scholarships for forensic scientists who will work in the state (IL) • DNA collected from every abortion performed on minor (CA, TN, VA) • DNA collected from every autopsy (AZ) • Funding for expedited testing of child murder cases (IL) • Chemical castration for sex criminals identified through DNA (OK)

35. Questions ? tims@smithallinglane.com www.dnaresource.com 253-627-1091