09.13.02

U.S. Senate Passes Senator Cantwell's Legislation to Reduce Backlog in Analyzing DNA Evidence in Unsolved Rapes

WASHINGTON, DC - The U.S. Senate Thursday night unanimously passed Senator Maria Cantwell's (D-WA) legislation to reduce the national backlog in analyzing DNA evidence from unsolved rapes.

Nationwide, there are up to 500,000 unanalyzed DNA samples from rape kits that could hold the clues to solving rapes and other crimes. Law enforcement has experienced tremendous success in solving unsolved, no-suspect rape cases by comparing DNA samples from rape kits against databanks of DNA from convicted felons. In Virginia, nearly fifty percent of no-suspect rape cases are solved through such analysis.

The bill authorizes $275 million over five years for "Debbie Smith DNA Backlog Grants" named after the Virginia woman whose rapist was identified through DNA analysis. The bill also provides $60 million over five years to support state efforts to build databanks of DNA collected from convicted felons.

"This legislation will help bring justice to women for whom justice is long overdue," Cantwell said. "We owe each woman who has the courage to come forward, to report her sexual assault, and to submit to a physical exam a guarantee that the DNA evidence collected will be analyzed and checked against databases of known sexual offenders and violent felons."

The legislation, S.2513, includes key provisions of the Debbie Smith Act introduced earlier this year by Senator Maria Cantwell (D-WA). Senator Joe Biden (D-DE), Chairman of the Senate Crime and Drugs Subcommittee, was the bill's sponsor. Senator Arlen Specter (R-PA) was the primary Republican co-sponsor and Cantwell was the chief Democratic co-sponsor. Northwest Senators Patty Murray (D-WA), Mike Crapo (R-ID), and Larry Craig (R-ID) all co-sponsored the legislation as well. Cantwell sits on the Crime and Drugs Subcommitee with Biden.

The legislation now is headed to the House, where Representatives Carolyn Maloney (D-NY) and Mark Green (R-WI) have introduced similar legislation.

Fast Facts: DNA Analysis Backlog in Washington state

There is a significant backlog of unanalyzed DNA evidence in Washington state. In the past five years, 17,115 cases of forcible rape have been reported to law enforcement, while DNA samples have been sent to the lab for testing in only 4,165 cases. That means that in the past five years alone at least 12,950 women in Washington state have submitted traumatic exams for the collection of evidence that has not been analyzed to help solve their rape. According to the Washington State Patrol Crime Laboratory, approximately 4,000 kits with DNA evidence sit unanalyzed on shelves throughout the state due to lack of funds. In the two years since the Washington state lab began performing DNA analysis on evidence gathered in rape cases where police had no known suspect, 348 analyses have been performed and cross-checked against the Washington state felon database. Of those 348 samples, 28 samples, or 8 percent have resulted in a match, and a rape has been solved. That 'cold-hit rate' is expected to climb dramatically as Washington state begins to expand its database of DNA evidence collected from felons.

Summary of S. 2513, 2002 DNA Analysis Backlog Elimination Act

Debbie Smith DNA Backlog Grants:

Reauthorizes the 2002 DNA Analysis Backlog Elimination Act to provide $275 million in new funding over five years for grants to states and local jurisdictions for DNA analysis of formerly unprocessed evidence in rape cases. Costs of DNA analysis range from $500 to $1,500 per case based on the type of evidence available for testing and estimates of the backlog range from 180,000 to 500,000 nationwide. Authorizes $60 million in new funding over five years for grants to states fund DNA analysis of convicted felons and inputting the resulting DNA profiles into state and national DNA databases. Twenty one states have expanded their state databases to include samples from all convicted felons but lack funding to pay for DNA testing of convicted persons currently in custody. Sexual Assault Forensic Exam Program Grants: Authorizes $150 million in new funding over five years for grants to establish and maintain sexual assault exam programs that provide communities with nurses trained specifically in how to collect and handle forensic evidence as well as how to treat the physical and emotional needs of sexual assault victims. Training Grants: Authorizes $50 million in new funding over five years for grants to train law enforcement and first responders in collection and handling of DNA evidence in sexual assault cases and the recognition of drug-related sexual assaults. Funding can also be used to train prosecutors on the use of DNA samples as forensic evidence on criminal proceedings. Authorizes $10 million in funding for an update of the national DNA database (CODIS) and $500,000 for DNA testing of felons convicted of federal offenses. Access to grants: Allows local jurisdictions and tribes to apply directly for grants to fund testing of DNA samples in cold cases.

Quality Assurance Protocols: Requires DOJ to develop national quality assurance protocols for the collection of DNA evidence at crime scenes and conditions grants of compliance with DOJ protocols for training of sexual assault examiners.

Preventing Future Backlogs: Amends the 2002 DNA Analysis Backlog Elimination Act to require timely analysis of DNA evidence in sexual assault cases, and requires certification from grantees that within three years of the application all DNA evidence in sexual assault cases will be forwarded to a qualified crime labs for testing within six months.

Statute of Limitations: Authorizes federal John Doe indictments allowing issuance of an indictment against an unknown suspect based on DNA evidence in order to toll the statute of limitations until a suspect is located through a DNA match.

Privacy: Implements new privacy safeguards for DNA evidence and DNA profiles and increases the criminal penalties for any misuse or unauthorized dissemination of DNA information.