2005 LEGISLATIVE UDATE
National Association of Attorneys General
Criminal Law Division
Presented by:
Smith Alling Lane, P.S.
Tacoma, WA (253) 627-1091
Washington, DC (202) 258-2301
London 0 (44) 798 953 8386
Lisa Hurst
lhurst@smithallinglane.com
March 15, 2005
Smith Alling Lane
A Professional Services Corporation
Governmental Affairs
Attorneys at Law
DNA DATABASE
EXPANSION
The Recent Trend To All Felons
1999 - 6 States
2000 - 7 States
2001 - 12 States
2002 - 21 States
2003 – 30 States
2004 – 37 States
2006 - 45 States (est.) -- assuming data and funding
2004 Legislative Session:
DNA Database Expansion Bills
?
*
Enacted all felons legislation in 2004 (7)
Currently an all-felons state (30)
Failed to pass all felons legislation (8)
Voters Initiative
Passed limited expansion legislation (2)
?
Legislation vetoed due to unrelated provision
State DNA Database Statutes
(As of February 2005)
STATE
Sex
Crimes
Murder
All
Violent
Crimes
Burglary
Drug
Crimes
All Felons
Juveniles
Some
Misdemeanors
Alabama







Alaska






Arizona






Arkansas






California







Colorado







Connecticut






Delaware






Florida







Georgia







Hawaii


Idaho




Illinois




Indiana




Iowa






Kansas






Kentucky


Louisiana







Jailed
Offenders
Community
Corrections
Retroactive
Jail & Prison
Retroactive
Probation &
Parole



































Arrestees/
Suspects







































*
STATE
Sex
Crimes
Murder
All
Violent
Crimes
Burglary
Drug
Crimes
Maine





Maryland





Massachusetts







Michigan







Minnesota







Mississippi






Missouri





Montana




Nebraska



Nevada




New Hampshire




New Jersey







New Mexico







New York





North Carolina





North Dakota



Ohio




Oklahoma




Oregon




Pennsylvania




All Felons
Juveniles
Some
Misdemeanors




































































Arrestees/
Suspects
Jailed
Offenders
Community
Corrections
Retroactive
Jail & Prison
Retroactive
Probation &
Parole

















STATE
Sex
Crimes
Murder
All
Violent
Crimes
Burglary
Drug
Crimes
All
Felons
Retroactive
Jail & Prison
Retroactive
Probation &
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
48
48
36
22
Juveniles
Some
Misdemeanors
Arrestees/
Suspects
Jailed
Offenders
Community
Corrections







26
4
2005 Legislative Session:
All Felons DNA Database Bills
Considering all felons legislation in 2005 (9)
Currently an all-felons state (37)
2005 DNA Database Legislation
(As of February 2005)
ST
Bill
#
Sponsor
HI
HB
64
Chang
HB
HB
191
HI
HB
HI
Summary
Status
Requires 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
Marumoto
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. Makes an appropriation.
Committee
229
Marumoto
Requires 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
HB
590
Say
HI
SB
470
Chun
Oakland
HI
SB
699
Bunda
HI
SB
957
Kokubun
IA
HD
SB
40
IA
SD
SB
IL
Requires 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.
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.
Deferred
Passed Policy
Committee
Requires 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
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.
See SB 470
House Public
Safety
Requires DNA samples for convictions of murder, kidnapping, sex offenses, and some burglaries. (Roll-back on
all felons statute, which has never been implemented.)
Committee
1074
Senate
Judiciary
Requires DNA samples for convictions of murder, kidnapping, sex offenses, and some burglaries. (Roll-back on
all felons statute, which has never been implemented.)
Committee
HB
779
Mendoza
Expands 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
Brady
Requires 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
Requires DNA samples within 45 days of conviction for persons sentenced to life in prison or to death.
Passed Policy
Committee
IL
HB
992
Delgado
IL
SB
333
Clayborne
IN
HB
1241
Harris
Expands 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
Lawson
Expands 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
Pond
Expands 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
Zakas
Expands 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
Bray
Expands 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
Zakas
Expands 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
ND
HB
1061
Koppelman
ND
HB
1235
NE
LB
NJ
Expands offender DNA database to include all felony arrests. Requires expungement if no conviction. Becomes
effective upon funding or by January 2008.
Committee
Expands offender DNA database to include all convicted felons.
Passed House
Would require DNA from all registered sex offenders, including those whose sentences are fully completed.
Passed House
Klemin
Expands DNA database to include all convicted felons. Includes all sentences, but does not include juveniles and
is not retroactive
Passed House
143
Price
Expands DNA database to include all convicted felons, including juveniles. Includes community sentences, and
retroactive only to currently incarcerated.
Committee
HB
2747
Johnson
Expands 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
Sacco
Expands 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
Morgan
Expands 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
Roan
Expands 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
Branan
Expands 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
Nichols
Expands 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
Brogdon
Expands 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
Driver
Expands offender DNA database to include persons arrested for felony crimes. Requires expungement if no
conviction.
Committee
VA
HB
1639
Miles
Expands 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
Miloscia
Expands 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
Kline
Expands 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 Legislation
Arizona (2002, 2003) – All arrests
California (2004) – Felony arrests
Colorado (2003) – Felony arrests
Connecticut (2000) – Fingerprintable arrests
Illinois (2004, 2005) – Felony arrests
Louisiana (2003) – Felony arrests and some misdemeanors
Maryland (2004) – Felony charges
New Jersey (2005) – Felony arrests
New York (2001-2004) Fingerprintable arrests
Oklahoma (2004) – Felony arrests
Texas (2001, 2005) – Certain felony arrests and
indictments, all felony arrests
Virginia (2002) – Violent felony arrests
Washington (2004, 2005) – Felony arrests
Enacted Arrestee
DNA Testing
All felony arrests
No expungement requirement
No sample destruction requirement
Certain felony indictments, or upon arrest if previous conviction for
certain offenses
Expungement required
Sample destruction required
Violent felony arrests with probable cause
Expungement required
Sample destruction required
Some violent felony arrests now, all felony arrests in five years
Expungement required
No sample destruction requirement absent expungement
California DNA Initiative
(Proposition 69)
Will other states follow?
States that allow ballot initiatives
FEDERAL DNA
FUNDING
2005 Congressional Budget

DNA Backlog Elimination Act
$110.0 M
Eliminating casework and offender backlogs,
strengthening crime lab capacity, training of the
criminal justice community and identifying missing
persons.

Coverdell Forensics Science Improvement

Edward Byrne Discretionary Grants
$15.0 M
$6.7 M
Some earmarks for DNA and forensic science programs

Crime Identification Technology Act
Some earmarks for DNA and forensic science programs
$11.5 M
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 Proposal
DNA Provisions
EXPLANATORY STATEMENT
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;
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
LEGISLATION
Legislation to Enact the
President’s DNA Initiative
Advancing Justice Through DNA Technology Act (HR 3215)
Justice For All Act (HR 5107)
Rep. Sensenbrenner
(R-WI)
Adv. Justice Through DNA Technology Act (S 1700)
Adv. Justice Through DNA Technology Act (S 1828)
Innocence Protection Act
Sen. Hatch
(R-UT)
Sen. Kyl
(R-AZ)
Sen. Biden
(D-DE)
Sen. Leahy
(D-VT)
Lobbying Coalition Assembled for
President’s DNA Initiative
National Association
of Police Organizations
International Association
of Chiefs of Police
Fraternal Order of Police
Texas Association Against
Sexual Assault
National Sheriffs’ Association
Private Crime Labs
International Union of
Police Organizations
PRESIDENT’S DNA INITIATAIVE:
Justice For All Act (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 – $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:
Justice For All Act (HR 5107)
CODIS POLICY PROVISIONS

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
Questions ?