DNA & CRIME. ARRESTEE DNA DATABASES. National Conference of State Legislatures Annual Meeting. Presented by Lisa Hurst Gordon Thomas Honeywell Governmental Affairs. Atlanta, Georgia August 14, 2013.
ARRESTEE DNA DATABASES
National Conference of State Legislatures
Presented by Lisa Hurst
Gordon Thomas Honeywell
August 14, 2013
I am not an advocate for frequent changes in laws or constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered, and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times.
Broke down the door of at a 52 year old woman’s home
Wore hat and scarf on face
Raped victim, holding a gun to her head
1996 (13) – assault, battery and child abuse
2001 (18) – 2nd degree assault (convicted)
2002 (19) – possession w/intent to distribute (convicted on possession)
2003 (20) - 2nd degree assault (convicted)
2007 (24) – 1st degree burglary
US SUPREME COURT: FINAL RULING
Held: When officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.
ALL CONVICTED FELONS LEGISLATION
1999 – 5 states
2003 – 27 states
2008 – 42 states
2011 – 50 states
1999 – 1 state
2006 – 7 states
2012 – 25 states
HOW IT WORKS
NATIONAL DNA INDEX SYSTEM
STATE DNA INDEX SYSTEM
Oklahoma State Bureau of Investigation
Georgia Bureau of Investigation
Sequential number automatically generated upon entry into CODIS
4) DHL = Analyst Identifier
= STR Type
WHO HAS ACCESS?
DNA CRIME LABS
No Private Labs
Only personnel meeting specified clearance
State, Local, Federal
Federal law mandates expungement provision as condition of participating in CODIS.
State Lab deletes profile from SDIS and from offline database, and destroys sample.
NDIS will automatically delete corresponding profile at next update.
EVEN IF NDIS DOES NOT UPDATE, state’s removal of profile from offline database will leave no way to identify profile.
Regular audits by the Office of the Inspector General ensure compliance.
STRUCTURE OF CODIS
GET ME OUT OF HERE!
All felony arrests (15)
Sex & Violent felonies (3)
ARRESTEE DNA LAWS
Who is Included:
The Where and When
Collection after charges / indictment (2)
Collection at Booking / probable cause (21)
Expungement on request (20)
Collection at Booking, Analysis/Upload later (5)
Where are samples collected
When is expungement
THE “OTHER” DEBBIE SMITH
THE DEBBIE SMITH DNA BACKLOG ELIMINATION ACT (2004)
For Casework AND Offender Samples AND Capacity Enhancement
Allowable uses include: analysis, equipment, personnel (overtime and new hires), maintenance, validation, training
Formula grant for all accredited state and state local DNA labs
THE “OTHER” DEBBIE SMITH
THE KATIE SEPICH ENHANCED DNA COLLECTION ACT (2012)
Encourages state arrestee DNA laws by providing grants to cover first-year costs
Up to $10 million per year will be available
ONLY for grant years 2014 and 2015