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BodeEast 2016

by

Lisa Hurst

on 9 April 2017

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Transcript of BodeEast 2016

US Update
DNA Legislation
Miami installed the first bank automated teller machine especially for rollerbladers
VS
KS
OK
PRESENT FACTS
All felonies
Collection at booking
Expungement on Request
Broad group of misdemeanor convictions
ARRESTEES
MISDEMEANORS
Policy
Funding
Justice For All Act S.2577 / HR 4602
Requires 75% allotment for DNA testing and capacity
Reauthorizes Coverdell Grants (increase formula portion)
Reauthorizes Kirk Bloodworth post conviction grant
Rapid DNA Act S. 2348, HR 320
Allows FBI to promulgate regulations for Rapid
**Needed for CHR updates
Sexual Assault Survivors Rights Act S. 2566
(Amended in into Adam Walsh Reauth S. 2613)
Includes right to "be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination"
Debbie Smith Grants
SAKI Grants
SAFE-ITR Grants
Katie Sepich Grants
FY 2016 Solicitation not yet released
Possible changes coming in 2017
Use of SAA - no more direct formula grant to local labs
60-40 Split - 60% formula / 40% competitive
Pros:
better funding for smaller labs, more directed spending based on need, less administration for NIJ
Cons:
40% cut to formula grant, problems "sharing" funds
Encourages arrestee DNA laws
FY 2016 last year??
4 grants for $1.3 million
Sexual Assault Forensic Evidence -- Inventory, Tracking, Reporting

Application due: May 31, 2016

Funding for "owed" samples -- 2nd time grantees ONLY
77,000 (since 2006)
500 (since 2009)
SB 150 / HB 191
All felony arrests
Collection at booking
Expungement on requests
Jayann Sepich
Mother of murder victim Katie Sepich
James Tillman
Post conviction exoneree
18 years in prison
Michelle W.
Rape survivor
from Kentucky
I understand your pain, but...
I can tell you -- I have eight children and 21 grandkids -- that over the years this government through its intrusion has done more damage to me than all those criminals out there ever did

2014 Vermont State Supreme Court



Arrestee DNA Law
Violation of State Constitution
Convicted Misdemeanors
Memphis Civil Lawsuit
Victims' civil rights violated over failure to test rape kit.

Tennessee Governmental Tort Liabilities Act

Alleges the city and county
“had prior notice of the reckless, willful and wanton actions of their employees and agents, but took no steps to train them, correct abuses of authority or discourage the irresponsible use of authority.”
Governmental Sovereign Immunity
Rape Kit Laws
REPORT:
Statewide Audits : 25 states

REFORM:
Submission Timelines:
18 States

Analysis Timelines:
11 States

Victim Notification:
10 States

Annual Reports:
8 States

Rape Kit Tracking:
3 states
Idaho Sheriff: Rape Kit System ‘Unnecessary’ Because Most Accusations are False
Sheriff NAME
QUOTE
Lisa Hurst
Gordon Thomas Honeywell Governmental Affairs
lhurst@gth-gov.com, 202-251-8978

Bode East
May 17, 2016

Ohio vs. Demetrius Jones
1993 & 1994 SAK collected
CHR includes more than 30 felonies
2013
4/15/2011 -- arrestee DNA sample
9/11/2011 - SAK submitted
8/1/2012 - Report issued on match
State Appeals Court:
20 year delay in prosecution resulted in prejudice
CASE DISMISSED

Appealed to State Supreme Court
STATUS: Briefs submitted
SB 412 -- adds misdemeanors (hearing 4/12)
AB 1492 (2015) -- Buza if...then...
Rape Kit Tracking
AB 1848
AB 2499
SB 1079 -- CHOPS (hearing 3/29)
State v. Buza
Briefed. Oral arguments not scheduled.
Decision rendered within 90 days of arguments
Argument: Prop 69 is a violation of STATE Constitution
Idaho
http://samanthabee.com/episode/07/clip/rape-kit-backlog/
Requires DNA sample upon arrest if previously convicted of a qualifying felony conviction
WA HB 2341
AMENDED: Collection of convicted felon samples upon sentencing
Judiciary Committee
State & Local Govt
Committee
PASSED
PASSED
FAILED
Rules Committee
Application Deadline: April 26
VS
Full transcript