the dna fingerprint, unsolved crime & innocence protection act presentation courtesy of steve...

The DNA Fingerprint, Unsolved Crime The DNA Fingerprint, Unsolved Crime & Innocence Protection Act& Innocence Protection Act

Presentation Courtesy of STEVE COOLEYDistrict Attorney of Los Angeles County

“[The] use of DNA evidence can revolutionize the way crime is fought.

Not since fingerprints has law enforcement had such a powerful ally.”

(Los Angeles Times, 01/27/02)

DNADNA is the Fingerprint of the is the Fingerprint of the 21st Century21st Century

For almost a 100 years, people arrested for criminal offenses have provided

fingerprints, palm prints and mug shots during the typical police station booking

process.

These traditional identification tools have assisted law enforcement in solving crime

by identifying criminals.

With the emergence of DNA data banks, law enforcement can now use DNA not just to assist in establishing

guilt of a known suspect, but in solving crimes and ultimately ultimately

preventing serious crimepreventing serious crime..

DNA Data Banks:DNA Data Banks:21st Century Crime Fighting21st Century Crime Fighting

The DNA Fingerprint Initiative The DNA Fingerprint Initiative

Data Bank Expansion

The DNA Fingerprint Initiative

The Initiative’s Funding Measure

ISSUE #1ISSUE #1

DATA BANK EXPANSION DATA BANK EXPANSION

The Recent Trend To All FelonsThe Recent Trend To All Felons1998 - 5 States 1999 - 6 States 2000 - 7 States

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

2001 - 13 States 2002 - 22 States 2003 – 31 States

www.dnaresource.com

2003 Legislative Session:2003 Legislative Session:DNA Database Expansion BillsDNA Database Expansion Bills

Introduced but failed to pass limited expansion legislation (1)

Currently an all-felons state (22)Enacted all felons legislation in 2003 (9)

Failed to pass all felons legislation (8)

* *

*

Addressed sunset provisions in database statute* www.dnaresource.com

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

Considering limited expansion legislation (3)

Currently an all-felons state (32)Considering all felons legislation in 2004 (11)

Through a voters’ initiative*

*

www.dnaresource.com

Emerging Database TrendsEmerging Database TrendsArrestee Testing Proposals

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

Maryland (2004) – Felony chargesNew York (2001-2004) Fingerprintable arrestsOklahoma (2004) – Felony arrestsTexas (2001) – Certain felony arrests and indictmentsVirginia (2002) – Violent felony arrestsWashington (2004) – Arrests for criminal charges

Enacted Arrestee DNA TestingEnacted Arrestee DNA Testing

All felony arrests

No expungement requirement

No sample destruction requirement

Certain felony indictments, or upon arrest if previous conviction for a qualifying offense

Expungement required

Sample destruction required

Violent felony arrests after determination that probable cause exists for the arrest

Expungement required

Sample destruction requiredwww.dnaresource.com

Emerging Database TrendsEmerging Database Trends Misdemeanor Convictions

Misdemeanor pleas if originally charged with a qualifying felony offense

Repeat violent offenders; Multiple misdemeanor convictions

Lewd and lascivious conduct; Indecent exposure; Public indecency

Elder abuse

Stalking

Animal Cruelty

Prostitution & Soliciting prostitutes

Peeping

Some states require DNA from specific misdemeanorsAlabama, Arkansas, Arizona, Kansas, Iowa, Louisiana,

Maine, Maryland, Michigan, Minnesota, New Jersey, Ohio, Oregon, Washington

www.dnaresource.com

Why Is DNA Database Expansion Why Is DNA Database Expansion So Important?So Important?

It’s all about the “Hit Rate”

40%

40%

60%60%50%

50%

30%30%

Cold Hit Cold Hit defineddefined::“A hit occurs when DNA analysis of a

crime scene sample with no suspect matches a profile in a database of

previously convicted offenders, a database of samples from those individuals arrested for specified crimes, or a database of other

crime scene profiles.” (www.dcjs.org/forensic/information/dna.cfm)

Virginia’s DNA ProgramVirginia’s DNA Program• Virginia has one of the most mature all felon

data banks.

• Virginia’s Division of Forensic Science has had

over 1700 cold hits.

– 308308 cold hits in 2001.

– 445 cold hits in 2002.

– 608 cold hits in 2003.

Findings from Virginia:Findings from Virginia:Approximately 81%81% of “hits”

would have been missed if data bank were limited to only

violent offenders.

Findings from Virginia:Findings from Virginia:The next few slides demonstrate the kinds

of crimes committed by drug offenders and forgers. These crimes were solved by cold hits with the Virginia all felon data bank. Drug offenses and forgery are categorized

as non-violent offenses.

Virginia’s “Cold Hits” on the DNA DatabaseAll Drug Offenders to Type of Crime Solved

Sex Offenses20% (35)

Miscellaneous12% (20)

Abduction/Car Jacking

8% (13)

Robbery10% (18)

Homicide24% (42)

Assaults2% (3)

Burglary24% (41)

www.dnaresource.com

Virginia’s “Cold Hits” on the DNA DatabaseDrug Possession Only to Type of Crime Solved

Assault3% (3)

Homicide23% (32)

Rape/Murder1% (1)


Drug Crimes5% (7)

Miscellaneous2% (3)

Property Crimes48% (68)

www.dnaresource.com

Virginia’s “Cold Hits” on the DNA DatabaseForgery to Type of Crime Solved

Abduction / Car Jacking

2% (1)

Burglary49% (22)

Assault2% (1)

Rape/Murder2% (1)

Homicide17% (8)


Miscellaneous2% (1)Robbery

2% (1)

www.dnaresource.com

Findings from Virginia:Findings from Virginia:Approximately 35%35% of violent

crimes solved were perpetrated by individuals

with previous property crime convictions.

Virginia’s “Cold Hits” on the DNA DatabasePrevious Criminal Conviction of Offenders Identified

Burglary/B&E/Robbery/GL46% (717)

Wound/Assault6% (99)

Homicide/Abd/Kidnapping

3% (48)

Forgery4% (62)

Drugs17% (260)

Miscellaneous18% (273)

Sex Offenses5% (84)

California’s DNA ProgramCalifornia’s DNA Program • California has one of the

oldest DNA data bank laws.

• California collects DNA samples from violent offenders only.

• CA Department of Justice DNA Lab reports over 700 cold hits.

Other COLD HIT ProgramsOther COLD HIT ProgramsRaising the BarRaising the Bar

United Kingdom’s Forensic Science

Service reports over 1000 matches over 1000 matches

per weekper week between offender database

samples and crime scene samples.

ISSUE #2ISSUE #2

THE DNA FINGERPRINT THE DNA FINGERPRINT INITIATIVEINITIATIVE

The DNA Fingerprint Act The DNA Fingerprint Act Expands California’s Expands California’s

DNA Data Bank to Include -DNA Data Bank to Include -

All Adult Felony Offenders: All persons convicted of any felony

offense are required to provide samples for the DNA data bank.



All Juvenile Felony Offenders:

Juveniles who are made a ward of the Court and found to have committed a felony offense are required to provide

samples for the DNA data bank.



All Adult & Juvenile Misdemeanor P.C. 290 Registrant Offenders:

All persons convicted of a P.C. 290 misdemeanor sex offense requiring

registration as a sex offender are required to provide samples for the

DNA data bank.



All Adult Murder and Felony P.C. 290 (Sex Offenses)

Arrestees:

All adults arrested for murder or P.C. 290 felony sex offenses are required to

provide samples for the DNA data bank.



Starting the 5th year following enactment of the Initiative –

All Adult Felony Arrestees:A person whose sample has been collected

may seek expungement of his/her profile if not convicted or the case is dismissed

or the conviction is reversed.

Significant Changes to Current Significant Changes to Current Data Bank Statute Data Bank Statute

1. Buccal Swabs (mouth swabs) for DNA collection

Blood samples are eliminated!

2. Funding Provided

3. Mandatory Out-Sourcing for DNA testing of offender samples IF offender samples are not tested by DOJ/DNA lab within 6 months.

DNA FINGERPRINT INITIATIVEDNA FINGERPRINT INITIATIVEPolicy Measures

Data Bank Expansion – All Felons

Apply expanded database initiative retroactively

Allow inclusion of other DNA samples “legally obtained”

Expungement required - A person whose sample has been collected may seek expungement of his/her profile if not convicted or case dismissed or conviction reversed

ISSUE #3ISSUE #3

THE DNA INITIATIVE’S THE DNA INITIATIVE’S FUNDING MEASUREFUNDING MEASURE

Government Code Section Government Code Section 76104.6 is added.76104.6 is added.

One dollar for every ten dollars ($10.00) on every fine, penalty or forfeiture imposed and collected by the courts for criminal offenses including all Vehicle Code violations

(except parking tickets).

At the Conclusion of the 3rd Year the DNA Fingerprint Act will provide sufficient revenue for 750,000 samples for costs incurred in collection, analysis and upload to CODIS.

California will have a database of approximately one million profiles by the end of 2007.

Starting the 4th Year the funding measure will provide significant revenue to local law enforcement for DNA testing in unsolved cases.

What Can Funds Be Used For?What Can Funds Be Used For?Costs of collecting offender samples.

New equipment and software integral to confirming that

a person qualifies for entry into the Database.

DNA testing in cases in which DNA evidence would be

useful in identifying or prosecuting suspects (i.e. broader

than “unsolved cases”). Includes costs incurred in:

The processing, analysis, tracking, and storage of DNA crime

scene samples.

Procurement of new equipment and software for the processing,

analysis, tracking and storage of DNA crime scene samples from

unsolved cases.

All-Felon Database

Crime Lab Funding

The DNA Fingerprint Initiative The DNA Fingerprint Initiative

Solving Crime

Protecting the wrongfully accused

Safeguarding society

Stopping serial killers & rapists

The DNA Fingerprint Initiative will allow law enforcement to utilize DNA to its fullest potential. It will revolutionize the way violent crime is fought and

dangerous criminals identified.

Law enforcement will not just solve crimes, but crimes will be prevented by identifying, successfully

prosecuting, and thereby removing violent predators from the communities we are sworn to protect.

We must make decisions to maximize the ability of law enforcement to engage in 21st century crime fighting. This is an unique

opportunity to catch up to the rest of the nation and protect the public we serve.

Let’s seize this opportunity!

Steve Cooley, District AttorneyLos Angeles CountyMarch 24, 2004

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