NCSL LegisBrief
Briefing Papers On the Important Issues of the Day
Fighting Crime with DNA
By Kelly Fox and Donna Lyons
October 2002
Volume 10, Number 42
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 LegisBriefs Table of Contents
DNA technology has become one of the most critical tools in solving crimes. And its application in criminal justice is advancing far more rapidly than any other forensic science.
State Action
States are expanding their policies to use stored DNA samples to identify and eliminate suspects. Every state has enacted legislation to establish DNA databases and require collection of samples from sex offenders and other violent criminals. Twenty-two states have expanded that requirement to include collection from all convicted felons; seven did so this year. Thirty states currently require collection of a biological sample from certain juvenile offenders and some include people found not guilty by reason of mental illness or insanity.
"Hits" on Unsolved Crimes. State DNA databases, along with the National DNA Index System maintained by the FBI, are all part of a coordinated system of local, state and national databases known as the Combined DNA Index System. Originated as an FBI pilot project in 1990, it consists of a "forensic" index, containing DNA profiles from crime scene evidence. It also has an "offender" index, with DNA profiles of convicted offenders. By electronically comparing DNA profiles from those indexes, analysts often are able to obtain "hits" (or matches) between DNA found at crime scenes and DNA profiles of convicted offenders. Analysts also can link multiple, unsolved crimes to a single perpetrator by comparing profiles in the forensic database. More than 1,110 forensic "hits" and more than 2,350 offender "hits" had been reported to the FBI as of March 2002, demonstrating the power of DNA as a crime-fighting tool.
Three states have enacted laws to extend DNA sampling to specific arrestees. Louisiana passed the first such law in 1997, authorizing DNA testing of those arrested for sex offenses and other violent crimes. The state is still working to coordinate state and federal funding to increase the capacity and capability of its crime laboratory. A Texas law passed in 2001 allows collection of post-indictment DNA samples from those charged with certain sexual assaults and kidnapping. This past session, Virginia lawmakers approved a measure requiring a DNA sample from every person arrested for a violent felony. These laws also contain provisions for the destruction and removal of an offender's DNA profile from the database in the event of an acquittal or dismissal of charges. Although courts have upheld taking and storing genetic samples from convicted offenders, such policies applied to arrestees raise yet unanswered legal questions.
The capability of crime laboratories to analyze DNA often has lagged behind expansion of policies to collect samples. As a result, many states have significant backlogs. Crime labs also contain unanalyzed forensic evidence from unsolved crimes, which, if appropriately reviewed and analyzed, might now be solved through DNA databases.
Federal Action
Congress enacted the DNA Analysis Backlog Elimination Act in 2001, which authorized the appropriation of $170 million to crime laboratories for contracts with the private sector or in-house DNA analysis. By the end of this year, more than $80 million will have been distributed to state crime laboratories through programs at the National Institute of Justice. Congress is currently considering new legislation to expand funding to states for DNA backlog reduction, as well as other legislation that would provide funds to help police departments analyze unprocessed evidence collected in rape and other cases with no suspects. These efforts, together with those at state and local levels, seek to eliminate backlogs, and maximize the potential of DNA as the criminal justice system's premier investigatory tool of the 21st century.
States that require all felons to submit DNA sample for
convicted offender databases
(as of July 1, 2002)
Alabama
Arizona
Colorado
Florida
Georgia
Iowa
Illinois
Kansas
Maine
Maryland
Michigan
Montana
New Mexico
Oklahoma 1
Oregon
Tennessee
Texas2
Virginia
Utah
Washington
Wisconsin
Wyoming
1 Law requires plan adding qualifying felonies incrementally with all felony offenses included by 2006.
2 Contingent upon federal funding.
Source: NCSL, 2002.
Selected References
Lyons, Donna. "Proof Positive." State Legislatures 27, no. 6 (June 2001): 10-17.
National Commission on the Future of DNA Evidence. What Every Law Enforcement Officer Should Know About DNA Evidence. BC 000614. Washington, D.C., 1999.
Steadman, Greg W. Survey of DNA Crime Laboratories, 2001. Washington, D.C.: Bureau of Justice Statistics, January 2002.
Contacts for More Information
Blake Harrison
NCSL-Denver
(303) 364-7700
blake.harrison@ncsl.org
The National Institute of Justice
Investigative and Forensic Sciences Division
www.ojp.usdoj.gov/nij/scienctech/invest.htm
National Commission on the Future of DNA Evidence
www.ojp.usdoj.gov/nij/dna/welcome
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