05.29.02

Cantwell's Debbie Smith Act

Senator Cantwell introduced the Debbie Smith Act (S. 2055) on March 21, 2002. The bill provides new grant funding to states to fund testing of the thousands of DNA samples sitting in police evidence rooms across the country to get the samples compared the DNA profiles of known offenders nationwide and solve hundreds of cases where no known suspect currently exists. The bill also provides grant funding to increase the number of Sexual Assault Nurse Examiner programs operating throughout the country, a proven program that provides compassionate treatment to victims of sexual assault while also assuring that usable forensic evidence is gathered from victims. This bill was referred to the Senate Judiciary Committee for further consideration and a hearing was held on the issue of DNA testing in sexual assault cases on May 14th. Representative Maloney (D-NY) has introduced a bipartisan bill in the House (HR 2874) that has over 75 cosponsors.

The bill is named in honor of Debbie Smith, a Virginia woman who was brutally raped in the woods behind her house in March 1989. Six years later her assailants DNA profile matched a recently input DNA sample of a convicted felon. Proving the power of DNA evidence, Debbie Smith’s rapist was convicted and sentenced to two life terms plus twenty-five years. Debbie Smith has since traveled the county speaking on the importance of collecting and analyzing DNA samples and of entering the results into DNA databases in a timely fashion. The Debbie Smith Act would:

• Authorize grants for states to carry out DNA analyses of samples from crime scenes and to enter the data into state databases of convicted offenders that are linked together in the national Combined DNA Index System.

• Standardize forensic evidence collection by hinging states' funding eligibility on whether their DNA collection and analyses techniques meet quality assurance standards and privacy requirements set by the Federal Bureau of Investigation.

• Authorize grants for states to establish sexual assault nurse examiner programs and to train law enforcement and first responders on handling sexual assault cases and forensic evidence.

Sexual Assault Nurse Examiner (SANE) Program: The U.S. Department of Justice, currently funds a start up guide for starting and administering a Sexual Assault Nurse Examiner program. Today, there are over two hundred SANE programs operating nationwide including several in Washington state. However, in most places in the country a woman going to the hospital in the immediate aftermath of a sexual assault will not be treated by a trained forensic examiner and will be forced to wait in the emergency room setting until physically life threatening injuries have been treated. SANE programs instead offer:

• Compassionate, private wait free treatment for victims of sexual assault including information of follow up counseling.

• A guarantee of usable DNA evidence for testing purposes as a result of the staff training.

• An increase in reporting and pressing charges due to explanation by SANE personnel to the victim of the potential of DNA evidence and explanation of the process.

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