AAFS
Applied Biosystems
12th Annual Users Forum
Governmental Affairs
Program Update
February 21, 2007
San Antonio, Texas
Presented by:
Gordon Thomas Honeywell –
Governmental Affairs
Washington, DC (202) 258-2301
Tacoma, WA (253) 620-6500
Tim Schellberg
tims@gth-gov.com
Gordon Thomas
Honeywell
Government Affairs
Tacoma, Washington
Washington, DC
Seattle, Washington
THE LEGISALTIVE PUSH FOR
ALL CONVICTED FELONS
(2000-2006)
• 6-year policy effort was quickly adopted
by nearly every State Legislature.
• Data, such as increased hit rates and
victim and law enforcement support,
caused the quick response.
All Convicted Felons States
1999 - 6 States required DNA from all convicted felons
2006 - 44 States require DNA from all convicted felons
Results of All Convicted Felons Effort
Enacted Legislation 2000-2006
2000/2001
567,000 database samples over five
years
Georgia
(2000)
Colorado
Florida
Michigan
Montana
Oregon
Texas
2004
420,000 database samples over five
years
California
Missouri
Rhode Island
South Carolina
West Virginia
2002
370,000 database samples over five
years
2003
334,000 database samples over five
years
Alaska
Arkansas
Connecticut
Louisiana
Massachusett
Mississippi
New Jersey
North Carolina
South Dakota
Arizona
Illinois
Iowa
Kansas
Minnesota
Utah
Washington
2005
350,000 database samples over five
years
North Dakota
Hawaii
Oklahoma
Indiana
Vermont
Ohio
Pennsylvania
2006
200,000 database samples over five
years
New York
To Date Over 2 million offender samples have been created by all felon legislative efforts
New York Legislation
The Effect of Victim Advocacy
New York Event Media Coverage
Mayor Wants the Democrats To Allow
More DNA Collection
New York State Draws Nearer to
Collecting DNA in All Crimes
Bloomberg's DNA
New York's DNA Bill Jumps Back In The Spotlight
Victims: All Criminals Should Have To Submit Samples
NY officials and mayor ask lawmakers to
expand DNA collection
MAYOR WANTS DNA BLITZ ON ALL CROOKS
Test DNA of every convict; Mike says it'll stop rapes
DNA from more offenders sought
Bloomberg y fiscales quieren ADN de
todos los delincuentes
Other Convicted Felons States
Legislation introduced for 2007
Other Convicted Felons States
Legislation introduced for 2007.
Other Convicted Felons States
“Big Brother” (far-right) concerns
Other Convicted Felons States
ACLU (far left) concerns with genetic privacy
Legislation introduced for 2007
Other Convicted Felons States
Powerful legislator with strong civil liberty interests
has defeated all major expansion bills
Other Convicted Felons States
ACLU (far left) concerns with genetic privacy
WHAT’S NEXT FOR
DATABASE EXPANSION?
It appears to be arrestee testing
Trend To Arrestees?
1997 – 1 State
2004 - 4 States
2001 – 2 States
2005 - 5 States
2002 - 3 States
2006 - 6 States (to date)
Support for Arrestee
Legislation
Chicago study of 8 offenders
60 preventable violent crimes, including 30 rapes and 22 murders
8 offenders
60 unnecessary victims
14%
19%
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.
5%
5%
5%
5%
10%
14%
5%
18%
Agg. Criminal Sex Assault (3)
Att. Criminal Sex Abuse (1)
Armed Robbery (1)
Agg. Battery (2)
Theft (4)
Burglary (1)
Retail Theft (3)
Defacing Property (1)
Poss. of a Stolen Vehicle (1)
Drug Offense (4)
DNA Fingerprint Act (S. 1606)
Department of Justice Reauthorization Act (HR 3402. )
Sen. Jon Kyl (R-AZ)
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 nonconvicted offenders to be charged in an indictment)
US Attorney General may require DNA samples for anyone
arrested or for any non-US resident detained under federal
authority
Arrestee DNA Database Legislation
2006 through 2007
2006 – 11 states introduced
arrestee legislation
2007 – 21 states have introduced
arrestee legislation
2007 Arrestee Legislation
ST
BILL #
SPONSOR
SUMMARY
STATUS
AK
SB 33
Bunde
Expands DNA database to include anyone charged with a felony offense.
Introduced
AZ
HB 2611
Groe
Expands DNA database to include anyone arrested for murder, assault, sex assault, dangerous crimes
against children, arson, burglary, kidnapping.
Introduced
AZ
SB 1267
Gray
Expands DNA database to include anyone arrested for a felony offense.
CT
HB 6293
Mikutel
Expands DNA database to include anyone arrested for a violent sexual assault
Introduced
CT
SB 838
Meyer
Expands DNA database to include anyone arrested for a class A or B felony
Introduced
CT
SB 841
LeBeau
Expands DNA database to include anyone arrested for “certain serious crimes.”
Introduced
CT
SB 894
Guglielmo
Expands DNA database to include anyone arrested for murder or sexual assault
Introduced
HI
SB 799
Inouye
Expands DNA database to include anyone arrested for a felony offense.
Introduced
IL
SB 1315
Clayborne
Expands DNA database to include anyone arrested for a felony offense.
Introduced
IN
HB 1730
Neese
Expands DNA database to include adult felony arrests for murder and sex crimes. Also includes all adult
convictions and juvenile adjudications for sex offenses registry crimes.
Introduced
MD
HB 946
Walkup
Expands DNA database to include all arrests for felonies.
Hearing 3/8
MD
HB 996
Jameson
Expands DNA database to include arrests for sexual offenses and kidnapping.
Hearing 3/8
MD
HB 1000
Stocksdale
Expands DNA database to include all arrests for felonies.
Hearing 3/8
MD
SB 169
Stone
Expands DNA database to include arrests for felony burglary.
Hearing 2/7
MI
HB 4092
Vagnozzi
Expands DNA database to include arrests for violent felonies.
Introduced
MS
HB 865
Fleming
Expands DNA database to include any adult arrested for a felony sex crime or for any other felony offense
that involves death, great bodily harm, aggravated assault, kidnapping, burglary, larceny, robbery,
aggravated stalking or use of a firearm or an explosive.
Died in Committee
– No Hearing
MS
HB 991
Barnett
Expands DNA database to include any adult arrested for a felony sex crime or for any other felony offense
that involves death, great bodily harm, aggravated assault, kidnapping, burglary, larceny, robbery,
aggravated stalking or use of a firearm or an explosive.
Died in Committee
– No Hearing
MS
SB 2779
Ross
Expands DNA database to include any adult arrested for a felony offense.
Died in Committee
– No Hearing
MS
SB 2812
Albritton
Expands DNA database to include any adult arrested for a felony offense.
Died in Committee
– No Hearing
Passed Policy
Committee
MO
HB 670
Burnett
Expands DNA database to include arrests for felonies, and for juvenile adjudications for felony offenses.
Introduced
MT
HB 263
Heinert
Expands DNA database to include any adult charged with a felony crime, and any juvenile charged with a
violent felony or sex crime
Committee Hearing
1/17
ND
HB 1197
Klemin
Expands DNA database to include any adult arrested for a felony crime. Contingent upon federal funding
being available to implement the act.
Passed House
NJ
HB 2708
Johnson
Expands DNA database to include persons convicted of disorderly persons offenses, as well as from persons
arrested for certain violent crimes, including murder, manslaughter, kidnapping and sex offenses.
Introduced
NJ
SB 378
Sacco
Expands DNA database to include persons convicted of disorderly persons offenses, as well as from persons
arrested for certain violent crimes, including murder, manslaughter, kidnapping and sex offenses.
Introduced
NY
SB 2375
Skelos
Expands database to include all fingerprintable arrests.
Introduced
OK
SB 659
Nichols
Expands DNA database to include any person arrested for a felony crime.
Introduced
RI
SB 269
Walaska
Expands DNA database to include all felony arrests.
Introduced
SC
HB 3255
Ceips
Expands DNA database to include any person arrested for a felony crime.
Introduced
SC
SB 142
Malloy
Expands DNA database to include any person arrested for a felony offense.
Passed Senate
TN
HB 867
Mumpower
Expands DNa database to include any person arrested for a violent felony.
Introduced
TN
SB 1196
Ramsey
Expands DNa database to include any person arrested for a violent felony.
Introduced
TX
HB 339
Leibowitz
Expands current DNA database statute for certain felony arrestees to also include murder and manslaughter.
Introduced
TX
HB 883
Goolsby
Expands current DNA database statute for certain felony arrestees to also include capital murder.
Introduced
VT
HB 181
Koch
Expands DNA database to include any person arrested for or cited with a felony crime.
Introduced
WA
SB 5095
McCaslin
Expands DNA database to include any person arrested for a felony or gross misdemeanor.
Introduced
WI
AB 1
Wasserman
Expands DNA database to include any person charged with a felony crime.
Introduced
States with Initiative Authority
Direct Initiative
Indirect Initiative
(Directly onto ballot)
(Legislative consideration first)
Alaska
Arkansas
Idaho
Montana
North Dakota
Oregon
Utah
Wyoming
Arizona
Colorado
Missouri
Nebraska
Oklahoma
South Dakota
Washington
Maine
Massachusetts
Michigan
Nevada
Ohio
VICTIM BASED ADVOCACY
California and New Mexico
FEDERAL
LEGISLATION &
BUDGETS
Illegal Immigration and Federal
Arrestees Database
DHS and the FBI are on pace to
implementing in 2008.
Regulations currently being drafted
$22 Million in the President’s Budget to
Implement
Supporters watching potential legislative
repeal attempts
Congressional Funding
Results (in $ millions) for federal DNA funding:
20
01
20
02
20
03
20
04
20
05
20
06
20
07
20
08
$200
$180
$160
$140
$120
$100
$80
$60
$40
$20
$0
?
President’s Budget
2008 Proposal
 No separate DNA grant
 Byrne Public Safety Program Grants funded
at $350 million – DNA is 1 of 6 broad
purpose areas:
(1) reducing violent crime at the local levels through the Project Safe Neighborhoods initiative;
(2) addressing the criminal justice issues surrounding substance abuse through drug courts, residential
treatment for prison inmates, prescription drug monitoring programs, methamphetamine lab
cleanup, and cannabis eradication efforts;
(3) promoting and enhancing law enforcement information sharing efforts;
(4) improving the capacity of State and local law enforcement and justice system personnel to
make use of forensic evidence and reducing DNA evidence analysis backlogs;
(5) addressing domestic trafficking in persons;
(6) improving and expanding prisoner re-entry initiatives; and
(7) improving services to victims of crime to facilitate their participation in the legal process.
 Grants to be awarded competitively
 BJA is historical administrator for Byrne
Grants
Victim Groups Advocating
for Full Funding
Reauthorization of
Federal DNA Funding
• Authorization of Debbie Smith DNA
Backlog Grant funds to expire in 2009
• President’s DNA Initiative – 5 year
program ends in 2008
Questions ?
www.dnaresource.com
tims@gth-gov.com
casplen@gth-gov.com
lhurst@gth-gov.com