Tim Schellberg tims@gth-gov
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AAFS AAFS Applied Biosystems Applied Biosystems 12th Annual Users Forum 12th Annual Users Forum Governmental Affairs Governmental Affairs Program Update Program Update February 21, 2007 San Antonio, Texas Tim Schellberg [email protected] Presented by: Gordon Thomas Honeywell – Governmental Affairs Washington, DC (202) 258-2301 Tacoma, WA (253) 620-6500
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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 [email protected]. - PowerPoint PPT Presentation
Transcript of Tim Schellberg tims@gth-gov
AAFS AAFS Applied Biosystems Applied Biosystems
12th Annual Users Forum12th Annual Users Forum
Governmental Affairs Governmental Affairs Program UpdateProgram Update
February 21, 2007San Antonio, Texas
Presented by:
Gordon Thomas Honeywell – Governmental AffairsWashington, DC (202) 258-2301Tacoma, WA (253) 620-6500
Gordon Thomas Gordon Thomas Honeywell Honeywell Government Government
Affairs Affairs
Tacoma, WashingtonTacoma, Washington Washington, DC Washington, DC Seattle, Washington 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 States1999 - 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
To Date Over 2 million offender samples have been created by all felon legislative efforts
2000/2001567,000 database samples over five
years
Georgia (2000)ColoradoFloridaMichiganMontanaOregonTexas
2002370,000 database samples over five
years
ArizonaIllinoisIowaKansasMinnesotaUtahWashington
2003334,000 database samples over five
years
AlaskaArkansasConnecticutLouisianaMassachusettsMississippiNew JerseyNorth CarolinaSouth Dakota
2004420,000 database samples over five
years
CaliforniaMissouriRhode IslandSouth CarolinaWest Virginia
2005350,000 database samples over five
years
North DakotaHawaiiOklahomaIndianaVermontOhioPennsylvania
2006200,000 database samples over five
years
New York
New York Legislation The Effect of Victim Advocacy
New York Event Media Coverage
NY officials and mayor ask lawmakers to expand DNA collection
New York State Draws Nearer to Collecting DNA in All Crimes
Bloomberg's DNA
MAYOR WANTS DNA BLITZ ON ALL CROOKS
Test DNA of every convict; Mike says it'll stop rapes
Mayor Wants the Democrats To Allow More DNA Collection
Bloomberg y fiscales quieren ADN de todos los delincuentes DNA from more offenders sought
New York's DNA Bill Jumps Back In The SpotlightVictims: All Criminals Should Have To Submit Samples
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 WHAT’S NEXT FOR DATABASE EXPANSION?DATABASE EXPANSION?
It appears to be arrestee testing
Trend To Arrestees?2002 - 3 States
2004 - 4 States 2005 - 5 States 2006 - 6 States (to date)
2001 – 2 States1997 – 1 State
Chicago study of 8 offenders 60 preventable violent crimes, including 30 rapes and 22 murders
Support for Arrestee Legislation
8 offenders
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%
5%
5%
10%
18%5%
14%
5%
5%
19%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)
60 unnecessary victims
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)
US Attorney General may require DNA samples for anyone arrested or for any non-US resident detained under federal authority
DNA Fingerprint Act (S. 1606)Department of Justice Reauthorization Act (HR 3402. )
Sen. Jon Kyl (R-AZ)
Arrestee DNA Database Legislation2006 through 2007
2006 – 11 states introduced arrestee legislation
2007 – 21 states have introduced arrestee legislation
2007 Arrestee LegislationST 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. Passed Policy Committee
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 FlemingExpands 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 BarnettExpands 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
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 AuthorityDirect Initiative(Directly onto ballot)
Alaska ArizonaArkansas ColoradoIdaho MissouriMontana NebraskaNorth Dakota OklahomaOregon South DakotaUtah WashingtonWyoming
Indirect Initiative(Legislative consideration first)MaineMassachusettsMichiganNevadaOhio
VICTIM BASED ADVOCACYCalifornia and New Mexico
FEDERAL LEGISLATION FEDERAL LEGISLATION & BUDGETS& BUDGETS
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
Illegal Immigration and Federal Arrestees Database
Congressional FundingResults (in $ millions) for federal DNA funding:
$0$20$40$60$80
$100$120$140$160$180$200
?
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 competitivelyBJA 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
