Transcript Applied Biosystems Governmental Affairs Program Update

Forensic DNA Databases:
A Global Update
NISI Seminar
Presented by:
February 26, 2010
Seoul, Korea
GORDON THOMAS HONEYWELL
Governmental Affairs
Washington, DC (202) 258-2301
Tacoma, WA (253) 620-6500
Tim Schellberg
[email protected]
Gordon Thomas
Honeywell
Government Affairs
Washington, DC
Tacoma, Washington
International.DNAresource.com
• Comprehensive and upto-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
Offender DNA Databases
SOLVE MORE CRIME
PREVENT MORE CRIME
EXONERATE THE INNOCENT
COST / BENEFIT
Offender Database Size
Controls the “Hit Rates”
Estimates
Sex offenders
Sex offenders & Violent offenders
5%
____
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
DNA PROGRAMS
Global Observations
Named suspect-to-crime scene evidence
only – NO DATABASE
Named suspect-to-crime scene casework only, no database
Databases without offenders
Suspects and crime scenes compared against
crime scene databases (some suspect databases too)
Named suspect-to-crime scene evidence only – NO DATABASE
Databases without offenders
Offender Database Legislation
The essential element: No database
legislation means no significant casework
testing
Named suspect-to-crime scene casework only, no database
Offender Database Legislation
Offender Database Legislation
Unsolved Casework Demand
• Increases as database grows – Higher
Hit rates encourage more non-suspect
demand.
Named suspect-to-crime scene casework only, no database
Offender Database Legislation
Unsolved Casework Demand
Unsolved Casework Demand
Urgency (turnaround time)
GLOBAL LEGISLATIVE UPDATE
North America
Central America
South America
Europe
Middle East
Africa
Asia
Australia & Oceania
North America
United States
Database 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 States
Funding
– 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
Europe
United Kingdom
Database 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 Challenge
Deciding 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 as of April 2009
Software used by ENFSI Member Countries
New Legislation
EUROPE
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
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
Asia
New Legislation
ASIA
• South Korea
– Approved by the Korean Parliament in December. Takes
effect in July, 2010
– Includes offenders convicted of violent and sexual crimes
• 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
Asia DNA legislation is
expanding rapidly – who’s
next?
India
•
Legislation positioned to pass
in 2010 Priority for new
leadership
Thailand
•
•
Legislation being drafted.
CODIS being pursued
Vietnam
•
•
Offender database policies being
developed
CODIS being considered
Middle East
Population Wide Databases
A Middle East Trend?
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
Australia &
Oceania
New Legislation
NEW ZEALAND
• 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
Africa
New Legislation
AFRICA
• 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.
Central America
South America
New Legislation
SOUTH 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 and District of Buenos Aires passed legislation to
allow a DNA database. Scope of the database to be developed
administratively.
– Federal government developing plan to introduce legislation.
DNA ADVOCACY
Law Enforcement, Prosecutors,
Victims and Public Safety
The force behind the growth
Other Emerging
DNA Issues
Familial Searching
Touch DNA
Property crime programs
Preventing crime with DNA databases
ARRESTEE DNA LAWS: PREVENTING CRIMES
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
TOTAL: 127 Preventable Crimes
The Balancing Test
of DNA Databases
Overcoming privacy concerns
Questions
www.dnaresource.com
[email protected]