Forensic DNA Databases:Forensic DNA Databases: A Global UpdateA Global Update

ISFE ConferenceISFE ConferenceNNovember 10, 2009

Kuala Lumpur, Malaysia

Tim Schellbergtims@gth-gov.com

Presented by:

GORDON THOMAS HONEYWELLGovernmental AffairsWashington, DC (202) 258-2301Tacoma, WA (253) 620-6500

Gordon Thomas Gordon Thomas Honeywell Honeywell Government Government

Affairs Affairs

Washington, DC Tacoma, Washington

•Comprehensive and up-to-date information on DNA database programs worldwide.

•Color-coded for easy recognition of database status

•Country profiles include DNA database criteria and technical specifics

•Continuously updated resources to include laws, amendments, news articles, and other external information

International.DNAresource.comInternational.DNAresource.com

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COST / BENEFIT

Offender DNA Databases

Offender Database Size Controls the “Hit Rates”

Estimates Estimates Sex offenders 5%

Sex offenders & Violent offenders ____ 10%

Sex offenders, Violent offenders and Property crimes 20%

All crimes, minus minor crimes 40%

All crimes 50%

All arrestees 60%

Whole Population_________________________________90-99%?

5 STAGES OF FORENSIC 5 STAGES OF FORENSIC DNA PROGRAMSDNA PROGRAMS

Global Observations

Named suspect-to-crime scene evidence only – NO DATABASE

Databases without offenders Suspects and crime scenes compared against crime scene databases (some suspect databases too)

Named suspect-to-crime scene casework only, no database

Offender Database Legislation The essential element: No database legislation means no significant casework testing

Named suspect-to-crime scene evidence only – NO DATABASE

Databases without offenders

Named suspect-to-crime scene casework only, no database

Offender Database Legislation

Unsolved Casework Demand • Increases as database grows – Higher

Hit rates encourage more non-suspect demand.

Offender Database Legislation

Urgency (turnaround time)

Offender Database Legislation

Unsolved Casework Demand

Named suspect-to-crime scene casework only, no database

Unsolved Casework Demand

North America

Central America

South America

Europe

Middle East

Africa

Asia

Australia & Oceania

GLOBAL LEGISLATIVE UPDATE

North AmericaNorth America

Offender Database LegislationOffender Database Legislation2009 - 47 States require DNA from all convicted felons

2009 - 21 States require DNA from arrested offenders

United StatesDatabase Size

– 3 Federal, 50 state, and over 70 local databases – Common themes exist, but all 50 States have separate

database laws

– 7.3 million offender samples – 281,000 crime scene samples

– 47 States collect from all convicted felons, except minor crimes– Remaining 3 States collect from all violent crimes and burglary– 21 States collect DNA from arrested offenders

– Profile Removal: • Convicted offenders – No (unless conviction is overturned)• Arrested offenders – Yes

– Sample Destruction: NO – Aggressively Opposed in the US

United StatesFunding

– States fund most of the costs

– $1.5 Billion federal investment (Grants to the States)

Problems - Backlogs are significant: Private labs vs. building public lab

capacity

- Still looking for a shift in law enforcement collection habits

- Turn around time lags far behind United Kingdom

- Privacy challenges with arrestee samples

- Local governments generally don’t pay for testing

EuropeEurope

United KingdomDatabase Size

– One national database – 4.8 million offender samples– Database formerly operated by the Forensic Science Service (FSS), but

transitioned to the National Policing Improvement Agency (NPIA) in 2009– Law requires permanent databasing of all people arrested– Nearly 556,794 Crime Scene samples – Hit Rate is currently 56.3%– See the UK annual report at http://www.npia.police.uk/en/14395.htm

Funding– Strong financial support from national government to operate NPIA – Local governments also invest heavily in casework

Collection and Casework– Aggressive crime scene casework – Adds an average of 953.3 profiles to the crime scene database each week – Over 1,042 crime scene to crime scene or suspect to crime scene hits each

week

The Marper ChallengeDeciding the issue of

arrestee DNA retention in Europe

• S. and Marper v. The United Kingdom (Dec. 2008)– European Court of Human Rights – FINDING: Permanent retention of arrestee DNA

samples a violation of privacy under the European Convention of Human Rights – UK must develop new policies.

• United Kingdom’s Home Office Response – Retain arrestee suspect profiles for up to 12 years depending on severity

of the crime.

• Parliament – Reject Home Office’s proposal. Negotiations pending.

Remaining European COUNTRIES

Current Database Laws

Most countries have databases Extensive purging required Database size varies Over 50% using CODIS software

The Future of European Databases Strong recognition that the future is suspect databases European-wide searches through the Prum Treaty New European Union requirement for each Member Country to have DNA

database laws

ENFSI DNA Database Overview ENFSI DNA Database Overview as of April 2009as of April 2009

Software used by ENFSI Member CountriesSoftware used by ENFSI Member Countries

Russia– New law effective January 2009, but not operational until 2010– Convictions for serious crimes and unidentified bodies– Removal of profile only upon death (or at 100 years of age)– The law, National Genetic Registration in Russia (О

государственной геномной регистрации в Российской Федерации) N 242-FZ available here

Italy– Passed new database law in June 2009 to strengthen criminal

investigations and for Prüm Treaty compliance – Convicted offenders and suspect profiling when request by judge– Text of the law, N. 586-905-955-956-960-B can be accessed

here

New Legislation 2009!EUROPE

• Greece– Identification Law 3783/2009 approved July 2009 and entered

into force on August 7, 2009– Crimes punishable by 3 + months imprisonment – Convicted profiles held until death, suspects destroyed on

acquittal– Official law can be viewed here

• Ireland– Criminal Justice (Forensic Sampling and Evidence) Bill is

currently before the Dáil Éireann, the lower house.– Likely to pass by the end of the year– Includes provisions for crimes scenes, suspects, convicts,

volunteers, mass screenings, missing persons, and “evidential” tests

– Exclusionary DB for crime scene and laboratory personnel

New Legislation 2009!EUROPE

AsiaAsia

• South Korea– Approved by the executive cabinet on October 20th the

‘DNA Bill’ ( 디엔에이 정보법 ) is currently before Parliament– Ruling Grand National Party supports the bill– Includes suspects and convicted offenders

• Malaysia– New DB law entered into force in June of this year– Includes convicted, arrested, missing persons and

detainee and voluntary– International cooperation provisions– Comprehensive privacy provisions – Retroactive for prisoners– Voluntary samples must be approved by senior officer– Arrestee samples and profiles must be destroyed if not

convicted

New Legislation 2009!ASIA

India• India’s database legislation is in its

second year of consideration.

• The scope of the legislation is changing. The specifics are unknown at this time.

New Legislation 2009!ASIA

Middle EastMiddle East

United Arab Emirates– On October 2, the UAE announced it will establish a

national DNA database of residents

– Currently samples are taken from suspected, convicted, and incarcerated criminals

– The plan would be the first of its kind globally

– Other uses include: identification of disaster victims, missing persons, paternity issues, as well as citizenship and immigration concerns.

– The National Council may have to pass new legislation prior to implementation

New Legislation 2009!Middle East

Australia & Australia & OceaniaOceania

• The Criminal Investigations (Crime Scene) Bill (passed October 27) expands the national database

• Permits investigators to collect samples from anyone they 'intend to charge'  – Previously, police could only take samples with consent, with

judicial approval, or for crimes punishable by 7+ years imprisonment

• Includes provisions for destruction of suspect samples

• Full implementation expected in 2011

• Official text for the new law can be found here

New Legislation 2009!NEW ZEALAND

AfricaAfrica

• Mauritius– DNA Identification Act 2009 passed in late June– Includes convicted offenders and suspects– Suspect profile held up to 10 years – Official English text of law can be viewed here

• South Africa– The Criminal Law (Forensic Procedures) Bill is currently before

Parliament– Includes provisions for crime scene, convicted offender, and

volunteer and exclusionary profiles– Expected to pass; has significant support from the ANC

• Nigeria– National DNA database bill passed second reading in the Senate on

October 14th

– Appears to have notable support given the high crime rates in the country.

New Legislation 2009!AFRICA

Central AmericaCentral America

South AmericaSouth America

Brazil– BN 4335 establishes a DNA database– Currently limited to sex offenders – Legislation expected to expand to all convicted criminals– Brazilian Federal Police to run program.  

Chile– Recent legislation to be implemented – Limited to violent convicted offenders– Crime lab being built for databasing– Database program to begin in 2010

Argentina– State of Cordoba passed legislation to allow a DNA database.

Scope of the database to be developed administratively.– Federal government developing plan to introduce legislation.

New Legislation 2009!SOUTH AMERICA

DNA ADVOCACYLaw Enforcement, Prosecutors,

Victims and Public SafetyThe force behind the growth

The Debbie Smith Act The US Congress has authorized over

$1.5 Billion to fund the Debbie Smith DNA Act

Other Emerging DNA Issues

Familial Searching

Preventing crime with DNA databases

Touch DNA

Property crime programs

Chicago Police Department Study

60 Preventable Crimes linked to 8 offenders

Denver District Attorney’s Office Study

47 Preventable Crimes linked to 5 offenders

Maryland Governor’s Office Study

20 Preventable Crimes linked to 3 offenders

ARRESTEE DNA LAWS: PREVENTING CRIMES

TOTAL: 127 Preventable Crimes

The Balancing Test of DNA Databases

Overcoming privacy concerns

The Media Loves DNAAustin American-Statesman (Texas)November 30, 2008Austin police turning to DNA to solve thefts

Loveland Reporter-HeraldLoveland Reporter-Herald (Colorado)November 27, 2008DNA match leads to arrest in Loveland Sexual Assault

Maryland GazetteNovember 26, 2008Cold cases heat up with successes in DNA testing

Orlando Sentinel (Florida)November 23, 2008 Florida DNA database increasingly important in cracking crime cases

St. Petersburg TimesSt. Petersburg Times (Florida)November 20, 2008 Rapist gets 25 years for 1997 attack

October 24, 2009 – The Virgin Islands Daily NewsV.I. Police officers learn to use new DNA tools

November 4, 2009 – Herald Sun (Australia)DNA Catches up with Crooks

November 5, 2009 – Press Trust of IndiaGujarat to have DNA Database soonOctober 7, 2009 – The National (UAE)

DNA database set to start in a year

September 24, 2009 – New Zealand Press AssociationDNA Database Gets 100,000 Profile

November 5, 2009 – Yonhap News Agency (South Korea)Confessed Murder Suspect Freed after DNA testing

October 9, 2009 – Straits Times (Singapore)DNA records help solve 350 crimes: Database started six years ago now has 100,000 samples

October 15, 2009 – The Daily Triumph (Nigeria)Bill to Establish DNA Databank passes second reading

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

QuestionsQuestions

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tims@gth-gov.com