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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.

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Presentation Transcript
slide1

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

slide2

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.

slide3

Maryland v. King

  • 2009 Arrest for 1st degree felony assault. Pleads down to 2nd degree assault (misdemeanor.)
  • 2009 CODIS match to 2003 rape.

2003 rape

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

Prior Record

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

king v maryland
KING V. MARYLAND

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.

slide5

UNITED STATES

LEGISLATIVE HISTORY

ALL CONVICTED FELONS LEGISLATION

1999 – 5 states

2003 – 27 states

2008 – 42 states

2011 – 50 states

ARRESTEE LEGISLATION

1999 – 1 state

2006 – 7 states

2012 – 25 states

structure of codis
STRUCTURE OF CODIS

HOW IT WORKS

NDIS

NATIONAL DNA INDEX SYSTEM

SDIS

STATE DNA INDEX SYSTEM

Oklahoma State Bureau of Investigation

Georgia Bureau of Investigation

LDIS

LOCAL DNA

INDEX SYSTEM

Oklahoma City

Tulsa

codis dna profile this is the only information in codis
CODIS DNA ProfileThis is the only information in CODIS

LabXYZ

0012152

06,09,11,12,10,10,22,24,9.3,10,08,09,

14,14,15,17,17,22,25,12,12,9,10,09,13

DHL

  • LabXYZ = Originating Laboratory Identifier

Laboratory XYZ

  • 0012152 = Specimen ID #

Sequential number automatically generated upon entry into CODIS

  • 06,09,11,12,10,10,22,24,9.3,10,08,09,

14,14,15,17,17,22,25,12,12,9,10,09,13

4) DHL = Analyst Identifier

= STR Type

structure of codis1

Convicted & Arrested

Offenders

Forensic /

Crime Scene

Relatives of

Missing Persons

Unidentified

Human Remains

STRUCTURE OF CODIS

AVAILABLE INDEXES

Missing Persons

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STRUCTURE OF CODIS

WHO HAS ACCESS?

DNA CRIME LABS

Accredited

NDIS Approved

No Private Labs

Only personnel meeting specified clearance

LAW ENFORCEMENT

State, Local, Federal

HOMELAND SECURITY

OTHER

Health

Employer

Public

expungement process
Expungement Process

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!

slide11

Sex, Violent, Burglary felonies (9)

All felony arrests (15)

Sex & Violent felonies (3)

ARRESTEE DNA LAWS

Who is Included:

slide12

ARRESTEE DNA LAWS

The Where and When

Collection after charges / indictment (2)

Collection at Booking / probable cause (21)

Automatic Expungement(7)

Expungement on request (20)

Collection at Booking, Analysis/Upload later (5)

Where are samples collected

When is expungement

slide14

FEDERAL FUNDING

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

slide15

FEDERAL FUNDING

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

  • ELIGIBILITY CRITERIA
  • Arrestee law must apply to most violent crimes AND burglary
  • Arrestees must be notified in writing of expungement rights
  • Expungement process must be posted on a public website
  • Make expungement decisions within 90 days of request, and provide written response

ONLY for grant years 2014 and 2015

slide16

California Department of Justice:

Survey of 100 matches to Murder Rape and Robbery

slide17

California Department of Justice:

Survey of 100 matches to Murder Rape and Robbery

slide18

California Department of Justice:

Survey of 100 matches to Murder Rape and Robbery