2005 legislative udate national association of attorneys general criminal law division presented by:...

2005 LEGISLATIVE UDATE

National Association of Attorneys General

Criminal Law Division

Presented by:

Smith Alling Lane, P.S.Tacoma, WA (253) 627-1091Washington, DC (202) 258-2301London 0 (44) 798 953 8386

Lisa Hurst [email protected]

March 15, 2005

Governmental Affairs

Attorneys at Law

Smith Alling LaneA Professional Services Corporation

DNA DATABASE DNA DATABASE EXPANSIONEXPANSION

The Recent Trend To All FelonsThe Recent Trend To All Felons1999 - 6 States 2000 - 7 States

2006 - 45 States (est.) -- assuming data and funding

2001 - 12 States

2002 - 21 States 2003 – 30 States 2004 – 37 States

2004 Legislative Session:2004 Legislative Session:DNA Database Expansion BillsDNA Database Expansion Bills

Passed limited expansion legislation (2)

Currently an all-felons state (30)Enacted all felons legislation in 2004 (7)

Failed to pass all felons legislation (8)

*

Voters Initiative*

?

? Legislation vetoed due to unrelated provision

State DNA Database StatutesState DNA Database Statutes(As of February 2005)

STATESex

CrimesMurder

All Violent Crimes

BurglaryDrug

CrimesAll Felons Juveniles

Some Misde-

meanors

Arrestees/ Suspects

Jailed Offenders

Community Corrections

Retroactive Jail & Prison

Retroactive Probation &

Parole

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana *

STATESex

CrimesMurder

All Violent Crimes

BurglaryDrug

CrimesAll Felons Juveniles

Some Misde-

meanors

Arrestees/ Suspects

Jailed Offenders




Parole

Maine

Maryland

Massachusetts

Pennsylvania

Oregon

Oklahoma

Ohio

North Dakota

North Carolina

New York

New Mexico

New Jersey

New Hampshire

Nevada

Nebraska

Montana

Missouri

Mississippi

Minnesota

Michigan

STATESex

CrimesMurder

All Violent Crimes

BurglaryDrug

CrimesAll

FelonsJuveniles

Some Misde-

meanors

Arrestees/ Suspects

Jailed Offenders




Parole

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

TOTALS 50 50 48 47 40 37 32 26 4 48 48 36 22

2005 Legislative Session:2005 Legislative Session:All Felons DNA Database BillsAll Felons DNA Database Bills

Currently an all-felons state (37)Considering all felons legislation in 2005 (9)

2005 DNA Database 2005 DNA Database LegislationLegislation

(As of February 2005)(As of February 2005)ST Bill # Sponsor Summary Status

HI HB 64 ChangRequires collection of DNA from all persons convicted of a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Includes juveniles.

Committee

HB HB 191 MarumotoRequires DNA from all persons convicted of a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Does not include juveniles. Makes an appropriation.

Committee

HI HB 229 MarumotoRequires DNA from all persons convicted of a felony, and requires buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Does not include juveniles.

Committee

HI HB 590 SayRequires DNA from all persons convicted or arrested for a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples.

Deferred

HI SB 470Chun

Oakland

Requires DNA from all persons convicted of a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Does not include juveniles.

Passed Policy Committee

HI SB 699 BundaRequires DNA from all persons convicted or arrested for a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples.

See SB 470

HI SB 957 KokubunRequires DNA from all persons convicted of a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples. Retroactive only to currently incarcerated and community sentences. Does not include juveniles.

See SB 470

IAHD SB

40House Public

SafetyRequires DNA samples for convictions of murder, kidnapping, sex offenses, and some burglaries. (Roll-back on all felons statute, which has never been implemented.)

Committee

IASD SB

1074Senate

JudiciaryRequires DNA samples for convictions of murder, kidnapping, sex offenses, and some burglaries. (Roll-back on all felons statute, which has never been implemented.)

Committee

IL HB 779 MendozaExpands offender DNA database to include all felony arrests. Requires expungement if no conviction. Becomes effective upon funding or by January 2008.

Committee

IL HB 897 Millner Expands offender DNA database to include all felony convictions of not guilty by reason on insanity. Committee

IL HB 914 BradyRequires coroners to collect DNA samples from any person who is suspected to have died of unnatural causes, and for those samples to be included in the DNA database.

Committee

IL HB 992 Delgado Requires DNA samples within 45 days of conviction for persons sentenced to life in prison or to death.Passed Policy

Committee

IL SB 333 ClayborneExpands offender DNA database to include all felony arrests. Requires expungement if no conviction. Becomes effective upon funding or by January 2008.

Committee

IN HB 1241 HarrisExpands DNA database to include all convicted felons, including conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles. Includes $1 fee for all criminal convictions, infractions and ordinance violations.

Pending House Vote

IN HB 1253 LawsonExpands DNA database to include all convicted felons, including convictions of conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles.

See HB 1241

IN HB 1267 PondExpands DNA database to include all convicted felons, including convictions of conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles.

See HB 1241

IN SB 13 ZakasExpands DNA database to include all convicted felons, including convictions of conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles. Clarifies a database hit is not invalidated if sample is included by mistake.

Passed Policy Committee

IN SB 318 BrayExpands DNA database to include all convicted felons, including convictions of conspiracy to commit a felony and attempted felony. Retroactive only to currently incarcerated, but prospective to include community sentences. Does not include juveniles.

See SB 13

IN SB 522 ZakasExpands DNA database to include residential entry and incest, plus attempts or conspiracy to commit any crime listed as a DNA database offense.

See SB 13

MS HB 882 Fillingane Makes mandatory current permissive language to collect DNA from all convited felons Committee

MT HB 113 Jent Expands offender DNA database to include all convicted felons. Passed House

ND HB 1061 Koppelman Would require DNA from all registered sex offenders, including those whose sentences are fully completed. Passed House

ND HB 1235 KleminExpands DNA database to include all convicted felons. Includes all sentences, but does not include juveniles and is not retroactive

Passed House

NE LB 143 PriceExpands DNA database to include all convicted felons, including juveniles. Includes community sentences, and retroactive only to currently incarcerated.

Committee

NJ HB 2747 JohnsonExpands offender DNA databases to include violent felony arrests and for disorderly conduct convictions. (New Jersey already collects from all convicted felons and some misdemeanors)

Committee

NJ SB 1513 SaccoExpands offender DNA databases to include violent felony arrests and for disorderly conduct convictions. (New Jersey already collects from all convicted felons and some misdemeanors)

Committee

NM HB 165 Balderas Would require DNA from all registered sex offenders, including those whose sentences are fully completed.Passed Policy

Committee

NM HB 1001 Arnold-Jones Requires DNA from all sex offenders upon registration. Committee

NM SB 55 Carraro Would require DNA from all registered sex offenders, including those whose sentences are fully completed.Passed Policy

Committee

NV LD 923 Weber Expands DNA database to include all convicted felons. Draft request – no language available yet. Draft Request

NY SB 1018 Sampson Expands offender DNA database to include all felony and misdemeanor convictions. Committee

OK HB 1219 MorganExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated (if convicted after 1996). Does not include juveniles.

Committee

OK HB 1509 RoanExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated (if convicted after 1996). Does not include juveniles.

Committee

OK SB 506 BrananExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated. Does not include juveniles.

See SB 646

OK SB 646 NicholsExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated (if convicted after 1996). Does not include juveniles.

Passed Subcommittee

OK SB 675 BrogdonExpands DNA database to include all convicted felons, including community sentences. Retroactive only to currently incarcerated. Does not include juveniles.

See SB 646

TX HB 867 Allen Expands offender DNA database to include anyone required to register as a sex offender, retroactive to 1970. Committee

TX HB 1068 DriverExpands offender DNA database to include persons arrested for felony crimes. Requires expungement if no conviction.

Committee

VA HB 1639 MilesExpands DNA database to include persons arrested for soliciting prostitutes or a drug offense. (Virginia already collects from violent felony arrestees)

Committee

VT SB 5 Illuzzi Expands DNA database to include statutory rape. Committee

WA HB 1135 MilosciaExpands DNA database to include persons arrested for felonies, gross misdemeanors or patronizing prostitutes. Includes juveniles. Requires sample destruction if no conviction.

Hearing held 1/25

WA SB 5165 KlineExpands DNA database to include persons arrested for felonies, gross misdemeanors or patronizing prostitutes. Includes juveniles. Requires sample destruction if no conviction.

Hearing held 2/9

Arrestee LegislationArrestee Legislation

Arizona (2002, 2003) – All arrestsCalifornia (2004) – Felony arrestsColorado (2003) – Felony arrestsConnecticut (2000) – Fingerprintable arrestsIllinois (2004, 2005) – Felony arrestsLouisiana (2003) – Felony arrests and some misdemeanorsMaryland (2004) – Felony charges

New Jersey (2005) – Felony arrestsNew York (2001-2004) Fingerprintable arrestsOklahoma (2004) – Felony arrestsTexas (2001, 2005) – Certain felony arrests and

indictments, all felony arrestsVirginia (2002) – Violent felony arrestsWashington (2004, 2005) – Felony arrests

Enacted Arrestee Enacted Arrestee DNA TestingDNA Testing

Certain felony indictments, or upon arrest if previous conviction for certain offenses

Expungement required

Sample destruction required

All felony arrests

No expungement requirement

No sample destruction requirement

Violent felony arrests with probable cause


Sample destruction required

Some violent felony arrests now, all felony arrests in five years


No sample destruction requirement absent expungement

California DNA California DNA Initiative Initiative (Proposition 69)(Proposition 69)

Will other states follow?

States that allow ballot initiatives

FEDERAL DNA FEDERAL DNA FUNDINGFUNDING

2005 Congressional Budget2005 Congressional Budget

DNA Backlog Elimination Act $110.0 MEliminating casework and offender backlogs, strengthening crime lab capacity, training of the criminal justice community and identifying missing persons.

Coverdell Forensics Science Improvement $15.0 M

Edward Byrne Discretionary Grants $6.7 MSome earmarks for DNA and forensic science programs

Crime Identification Technology Act $11.5 MSome earmarks for DNA and forensic science programs

Edward Byrne Discretionary Grants.—Within the amounts provided, OJP is expected to review the following proposals, provide grants if warranted, and report to the Committees on Appropriations regarding its intentions:

• $2,000,000 for the National Forensics Science Technology Center in Largo, FL;

• $51,000 for the NH Department of Safety evidence storage expansion;

• $550,000 for Brown University Nanotechnology DNA Sequencing in RI;

• $225,000 for crime scene examination enhancement for the State of Alaska;

• $500,000 for the El Paso Regional Lab in TX;

• $100,000 for the Fulton County District Attorney’s Cold Case Unit in GA;

• $1,000,000 for the Mississippi Crime Lab to Address Forensic Backlog;

• $250,000 for the Ohio BCI Laboratory System Improvement Project;

• $200,000 for the Pikes Peak Metro Crime Lab DNA Laboratory in CO;

• $500,000 for Southeast Missouri State University;

• $200,000 for the Greenville Tech Forensic/DNS Laboratory in SC;

• $200,000 for the Texas Tech Forensic Science Institute;

• $150,000 for the University of Alabama at Birmingham Forensic Science Education and Training program;

• $400,000 for the Utah Valley State College Forensic Science Program;

• $200,000 for the Sam Houston State University, Texas, Center for Forensic Sciences.

• $200,000 for the Texas Center for Forensic Science;

Crime Identification Technology Act -- Within the overall amounts recommended, the conferees expect OJP to examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committees on Appropriations on its intentions for each proposal:

• $4,000,000 for the Marshall University Forensic Science DNA Lab in WV;

• $4,000,000 for the West Virginia University Forensic Science Initiative;

• $1,000,000 for the Forensic DNA Analysis Lab at North Dakota University;

• $1,000,000 for the Honolulu PD Crime Lab in HI;

• $500,000 for the Fox Valley Technical College [FVTC] DNA Training Initiative in WI;

• $1,000,000 for equipment and planning for the Vermont Forensics Laboratory; and

2006 President’s Budget Proposal2006 President’s Budget ProposalDNA ProvisionsDNA Provisions

STATUTORY LANGUAGE

(4) for technology for crime identification, $238,199,000, as follows: (A) $177,057,000 for a DNA analysis and capacity enhancement program, and for other State or Federal forensic activities, of which not less than $151,000,000 shall be for reducing and eliminating the backlog of DNA samples and for increasing State and local DNA laboratory capacity;

EXPLANATORY STATEMENT

DNA Enhancements.—$177.057 million is proposed for State and local crime laboratories to reduce and eventually eliminate backlogs of DNA casework samples (including crime scene and convicted offender samples), and for discretionary research, demonstrations, evaluation, statistics, technical assistance and training. Effective backlog reduction requires both the direct defray of sample analysis costs to meet immediate needs, and improvements, especially automation upgrades, in forensic laboratories to increase their capacity, eventually enabling them to keep abreast of their DNA analysis without additional Federal funding. These efforts will help prosecute the guilty and exonerate the innocent.

FEDERAL FEDERAL LEGISLATIONLEGISLATION

Legislation to Enact the Legislation to Enact the President’s DNA InitiativePresident’s DNA Initiative

Sen. Hatch Sen. Biden (R-UT) (D-DE)

Adv. Justice Through DNA Technology Act (S 1700)

Rep. Sensenbrenner (R-WI)

Advancing Justice Through DNA Technology Act (HR 3215)

Justice For All Act (HR 5107)

Sen. Kyl (R-AZ)

Adv. Justice Through DNA Technology Act (S 1828)

Sen. Leahy (D-VT)

Innocence Protection Act

Texas Association Against Sexual Assault

Lobbying Coalition Assembled for Lobbying Coalition Assembled for President’s DNA InitiativePresident’s DNA Initiative

International Association of Chiefs of Police

National Association of Police Organizations

National Sheriffs’ Association

Fraternal Order of Police

International Union of Police Organizations

Private Crime Labs

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 – $107.1 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 $5 Million for Post Conviction DNA Testing $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

PRESIDENT’S DNA INITIATAIVE: PRESIDENT’S DNA INITIATAIVE: Justice For All Act (HR 5107)Justice For All Act (HR 5107)

Expands database to include all federal and military felons

Allows inclusion of persons charged with a crime

Allows inclusion of other DNA samples “collected under applicable legal authority”

BUT NOT:

Arrestees who have not been charged

Voluntary elimination samples

Permits national keyboard searches

PRESIDENT’S DNA INITIATAIVE: PRESIDENT’S DNA INITIATAIVE: Justice For All Act (HR 5107)Justice For All Act (HR 5107)

CODIS POLICY PROVISIONS

Questions ?Questions ?

2005 legislative udate national association of attorneys general criminal law division presented by:...

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