The DNA Fingerprint, Unsolved Crime & Innocence Protection Act. Presentation Courtesy of STEVE COOLEY District Attorney of Los Angeles County

Transcription

1 The DNA Fingerprint, Unsolved Crime & Innocence Protection Act Presentation Courtesy of STEVE COOLEY District Attorney of Los Angeles County

2 DNA is the Fingerprint of the 21st Century [The] use of DNA evidence can revolutionize the way crime is fought. Not since fingerprints has law enforcement had such a powerful ally. (Los Angeles Times, 01/27/02)

3 For almost a 100 years, people arrested for criminal offenses have provided fingerprints, palm prints and mug shots during the typical police station booking process. These traditional identification tools have assisted law enforcement in solving crime by identifying criminals.

4 DNA Data Banks: 21st Century Crime Fighting With the emergence of DNA data banks, law enforcement can now use DNA not just to assist in establishing guilt of a known suspect, but in solving crimes and ultimately preventing serious crime.

5 The DNA Fingerprint Initiative Data Bank Expansion The DNA Fingerprint Initiative The Initiative s Funding Measure

6 ISSUE #1 DATA BANK EXPANSION

7 The Recent Trend To All Felons States States States States States States States (est.) -- assuming data and funding

8 2003 Legislative Session: DNA Database Expansion Bills * * * Enacted all felons legislation in 2003 (9) Failed to pass all felons legislation (8) Currently an all-felons state (22) Introduced but failed to pass limited expansion legislation (1) * Addressed sunset provisions in database statute

9 2004 Legislative Session: DNA Database Expansion Bills * Considering all felons legislation in 2004 (11) Considering limited expansion legislation (3) Currently an all-felons state (32) *Through a voters initiative

10 Emerging Database Trends Arrestee Testing Proposals Arizona (2002, 2003) All arrests California (2004) Felony arrests Colorado (2003) Felony arrests Connecticut (2000) Fingerprintable arrests Illinois (2004) Felony arrests Louisiana (2003) Felony arrests and some misdemeanors Maryland (2004) Felony charges New York ( ) Fingerprintable arrests Oklahoma (2004) Felony arrests Texas (2001) Certain felony arrests and indictments Virginia (2002) Violent felony arrests Washington (2004) Arrests for criminal charges

11 Enacted Arrestee DNA Testing All felony arrests No expungement requirement No sample destruction requirement Certain felony indictments, or upon arrest if previous conviction for a qualifying offense Expungement required Sample destruction required Violent felony arrests after determination that probable cause exists for the arrest Expungement required Sample destruction required

12 Emerging Database Trends Misdemeanor Convictions Some states require DNA from specific misdemeanors Alabama, Arkansas, Arizona, Kansas, Iowa, Louisiana, Maine, Maryland, Michigan, Minnesota, New Jersey, Ohio, Oregon, Washington Misdemeanor pleas if originally charged with a qualifying felony offense Repeat violent offenders; Multiple misdemeanor convictions Lewd and lascivious conduct; Indecent exposure; Public indecency Elder abuse Stalking Animal Cruelty Prostitution & Soliciting prostitutes Peeping

13 Why Is DNA Database Expansion So Important? It s all about the Hit Rate 40% 50% 60% 30% 50%

14 Cold Hit defined: A hit occurs when DNA analysis of a crime scene sample with no suspect matches a profile in a database of previously convicted offenders, a database of samples from those individuals arrested for specified crimes, or a database of other crime scene profiles. (

15 Virginia s s DNA Program Virginia has one of the most mature all felon data banks. Virginia s Division of Forensic Science has had over 1700 cold hits. 308 cold hits in cold hits in cold hits in 2003.

16 Findings from Virginia: Approximately 81% of hits would have been missed if data bank were limited to only violent offenders.

17 Findings from Virginia: The next few slides demonstrate the kinds of crimes committed by drug offenders and forgers. These crimes were solved by cold hits with the Virginia all felon data bank. Drug offenses and forgery are categorized as non-violent offenses.

18 Virginia s Cold Hits on the DNA Database All Drug Offenders to Type of Crime Solved Abduction/ Car Jacking 8% (13) Sex Offenses 20% (35) Miscellaneous 12% (20) Robbery 10% (18) Burglary 24% (41) Assaults 2% (3) Homicide 24% (42)

19 Virginia s Cold Hits on the DNA Database Drug Possession Only to Type of Crime Solved Miscellaneous 2% (3) Drug Crimes 5% (7) Sex Offenses 18% (25) Rape/Murder 1% (1) Homicide 23% (32) Property Crimes 48% (68) Assault 3% (3)

20 Virginia s Cold Hits on the DNA Database Forgery to Type of Crime Solved Abduction / Car Jacking 2% (1) Miscellaneous Robbery 2% (1) 2% (1) Sex Offenses 26% (12) Rape/Murder 2% (1) Burglary 49% (22) Homicide 17% (8) Assault 2% (1)

21 Findings from Virginia: Approximately 35% of violent crimes solved were perpetrated by individuals with previous property crime convictions.

22 Virginia s Cold Hits on the DNA Database Previous Criminal Conviction of Offenders Identified Drugs 17% (260) Sex Offenses 5% (84) Forgery 4% (62) Homicide/Abd/ Kidnapping 3% (48) Wound/Assault 6% (99) Miscellaneous 18% (273) Burglary/B&E/ Robbery/GL 46% (717)

23 California s s DNA Program California has one of the oldest DNA data bank laws. California collects DNA samples from violent offenders only. CA Department of Justice DNA Lab reports over 700 cold hits.

24 Other COLD HIT Programs Raising the Bar United Kingdom s Forensic Science Service reports over 1000 matches per week between offender database samples and crime scene samples.

25 ISSUE #2 THE DNA FINGERPRINT INITIATIVE

26 The DNA Fingerprint Act Expands California s DNA Data Bank to Include - All Adult Felony Offenders: All persons convicted of any felony offense are required to provide samples for the DNA data bank.

27 The DNA Fingerprint Act Expands California s DNA Data Bank to Include - All Juvenile Felony Offenders: Juveniles who are made a ward of the Court and found to have committed a felony offense are required to provide samples for the DNA data bank.

28 The DNA Fingerprint Act Expands California s DNA Data Bank to Include - All Adult & Juvenile Misdemeanor P.C. 290 Registrant Offenders: All persons convicted of a P.C. 290 misdemeanor sex offense requiring registration as a sex offender are required to provide samples for the DNA data bank.

29 The DNA Fingerprint Act Expands California s DNA Data Bank to Include - All Adult Murder and Felony P.C. 290 (Sex Offenses) Arrestees: All adults arrested for murder or P.C. 290 felony sex offenses are required to provide samples for the DNA data bank.

30 The DNA Fingerprint Act Expands California s DNA Data Bank to Include - Starting the 5 th year following enactment of the Initiative All Adult Felony Arrestees: A person whose sample has been collected may seek expungement of his/her profile if not convicted or the case is dismissed or the conviction is reversed.

31 Significant Changes to Current Data Bank Statute Buccal Swabs (mouth swabs) for DNA collection Blood samples are eliminated! Funding Provided Mandatory Out-Sourcing for DNA testing of offender samples IF offender samples are not tested by DOJ/DNA lab within 6 months.

32 DNA FINGERPRINT INITIATIVE Policy Measures Data Bank Expansion All Felons Apply expanded database initiative retroactively Allow inclusion of other DNA samples legally obtained Expungement required - A person whose sample has been collected may seek expungement of his/her profile if not convicted or case dismissed or conviction reversed

33 ISSUE #3 THE DNA INITIATIVE S FUNDING MEASURE

34 Government Code Section is added. One dollar for every ten dollars ($10.00) on every fine, penalty or forfeiture imposed and collected by the courts for criminal offenses including all Vehicle Code violations (except parking tickets).

35 At the Conclusion of the 3rd Year the DNA Fingerprint Act will provide sufficient revenue for 750,000 samples for costs incurred in collection, analysis and upload to CODIS. California will have a database of approximately one million profiles by the end of Starting the 4th Year the funding measure will provide significant revenue to local law enforcement for DNA testing in unsolved cases.

36 What Can Funds Be Used For? Costs of collecting offender samples. New equipment and software integral to confirming that a person qualifies for entry into the Database. DNA testing in cases in which DNA evidence would be useful in identifying or prosecuting suspects (i.e. broader than unsolved cases ). Includes costs incurred in: The processing, analysis, tracking, and storage of DNA crime scene samples. Procurement of new equipment and software for the processing, analysis, tracking and storage of DNA crime scene samples from unsolved cases.

37 All-Felon Database Crime Lab Funding

38 The DNA Fingerprint Initiative Solving Crime Protecting the wrongfully accused Stopping serial killers & rapists Safeguarding society

39 The DNA Fingerprint Initiative will allow law enforcement to utilize DNA to its fullest potential. It will revolutionize the way violent crime is fought and dangerous criminals identified. Law enforcement will not just solve crimes, but crimes will be prevented by identifying, successfully prosecuting, and thereby removing violent predators from the communities we are sworn to protect.

40 We must make decisions to maximize the ability of law enforcement to engage in 21 st century crime fighting. This is an unique opportunity to catch up to the rest of the nation and protect the public we serve. Let s seize this opportunity! Steve Cooley, District Attorney Los Angeles County March 24, 2004