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Bode Mid-Atlantic 2015

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Lisa Hurst

on 9 December 2015

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Transcript of Bode Mid-Atlantic 2015

REPORT AND REFORM
RAPE KIT LEGISLATION
REFORM
2015 DNA LEGISLATIVE UPDATE
SAK GRANT FUNDING
Vice President Biden
March 16, 2015
Maryland State Police Crime Lab
DNA BACKLOG AND CAPACITY ENHANCMENT
APPLICATION DEADLINE: May 18
MISSING PERSONS DNA
Up to 4 awards for a total of $3 million

Alternate years with Cold Case DNA program

APPLICATION DEADLINE: April 28
KATIE SEPICH ENHANCED DNA COLLECTION ACT
One-time grant for costs associated with implementing arrestee law

Must include burglary, assault, rape, murder

Notification requirements for expungement rights

FY 2015 APPLICATION DEADLINE: June 22
Sexual Assault Kit Initaitive (SAKI)
BJA (in consultation with NIJ)
$6 million - Training and Technical Assistance Grants
$30 million - Sexual Assault Kit Initiative
OFFENDER DATABASE EXPANSION
Felony Arrestees / Misdemeanor Convictions
CURRENT ARRESTEES
Arrestees Bills 2015
AL
AR
CT
GA
HI
IN
KY
MA
MN
MO
NC
NY
PA
WA
Virginia SB 1187
STATUS: Enacted
Championed by Albemarle County Sheriff

Adds Misdemeanor convictions of
Resisting Arrest
Violations of certain protective orders
Unauthorized use of a vehicle (<$200)
Entering property with intent to damage
Indecent exposure
MISDEMEANOR
CONVICTIONS
FEDERAL FUNDING
Debbie Smith Act Reauthorized
Sept. 29, 2014
NOT ALLOWED:
Purchase of equipment for technologies that have not been approved for use by the National DNA Index System (NDIS), including personnel and supply costs that would be needed to validate equipment not approved for use by NDIS.
POST CONVICTION DNA
Local units of government AND institutes of higher education may apply directly this year

APPLICATION DEADLINE: May 4
$151 million per year, through FY 2019
FY 2015 FEDERAL FUNDING

$117 million for DNA "and related"

--PLUS--

$41 million for sexual assault kit initiative
SENATE BUDGET RESOLUTION (AMENDMENT 780)
Reserve fund for "eliminating the backlog of sexual assault evidence kits"
FISCAL YEAR 2016
PRESIDENT'S BUDGET
$105 Million for DNA and related
$41 Million for SAKI
Lisa Hurst
lhurst@gth-gov.com
202-251-8978

Victims of Crime Act (VOCA)
Tripled for FY 2015
OTHER LEGISLATION
Other DNA Bills
Post Conviction, Evidence Retention, Statute of Limitations, General Forensics Oversight, Mandatory CODIS Searches
On the Horizon...

RAPID (HR 320)

NGS in forensics
NH HB 1484 (2014)
ENACTED
Prohibits whole genome sequencing for genetic newborn screening purposes
Reserves right for Legislature to debate and determine privacy impacts before whole genome clinical testing is used.
Offender Databases
Rape Kits
SAKI Grants
Crime labs may not be primary applicant
50% of funding for analysis
Other Purpose Areas: audit, Tracking, Improve practices related to investigation, prosecution, vicitm engagement.
Harris v. Buza
Challenge to California STATE Constitution (not appealable to US Supreme Court)
No oral argument yet.
Decision likely in mid-late 2016.

Byrne JAG Grant FY 2015
DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database
If JAG Program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA.

In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS.
INTERNATIONAL TRENDS
Next Ten Years
CONGRESSIONAL BUDGET PROPOSAL
$117 Million for DNA and related
$41 Million for SAKI
REPORT
REPORT BILLS
Common Provisions
Statewide audits with report and plan
Annual reports
Task force
REFORM BILLS
Common Provisions
Mandated Submission:
Hospital LEA
LEA Crime Lab
Crime Lab CODIS
Victim Notification
Rape Kit Tracking
Manhattan District Attorney (DANY) Grant
$37 million to 32 recipients
Arkansas
State Crime Lab
Arizona
-- Maricopa County DA
Tempe PD
Tucson PD
California
-- Alameda County DA
Contra Costa County DA
Riverside PD
CA Dept of Justice
Florida
-- FL Dept of Law Enforcement
Miami-Dade PD
Tallahassee PD
Georgia
Criminal Justice Council
Kentucky
State Crime Lab
Michigan
- State Crime Lab
City of Flint
Missouri
- Kansas City PD
North Carolina
- Charlotte PD
North Dakota
State Lab
Nevada
- Las Vegas PD
Ohio
State Crime Lab
Oregon
- Multnomah County DA
Pennsylvania
- Allegheny County ME
Philadelphia PD
Tennessee
State Crime Lab
Texas
- Austin PD
Jefferson County Crime Lab
Travis County SO
Utah
State Crime Lab
Virginia
Attorney General
West Virginia
State Crime Lab
SAKI GRANT
Alabama - Mobile PD
Connecticut
Delaware
Florida -- 4th Circuit State's Attorney
iowa
Kansas
Louisiana - New Orleans PD
Michigan - State Crime Lab
City of Flint
Wayne County Prosecutor
Missouri - City of Duluth
North Carolina - City of Fayetteville
Nevada
Ohio -- Cuyahoga County Prosecutor
Oregon - City of Portland
Tennessee -- City of Memphis
Texas - Dallas County
Utah -- Salt Lake County
Wisconsin
West Virginia

Next Generation Sequencing
DNASaves.org
Federal Funding
Emerging Issues

DANY Grant
$35 million (one time grant)
Ruling will be specific to CA
only
.
MAY have some impact on other states.
Rapid DNA
Legislation needed for FBI to develop standards for
offender
testing
HR 320, Senate draft bill
Who pays for testing?
Huge potential for privacy concerns. How deep should we look?
Strong likelihood for reactionary legislation.
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