Reauthorization Of DNA Backlog Grant Program Could Expand Forensic DNA Collection

Main Category: Genetics
Article Date: 14 Aug 2008 - 4:00 PDT

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On July 14 the House of Representatives voted to reauthorize the Debbie Smith DNA Backlog Grant Program (HR 5057). The original Debbie Smith Act of 2004, introduced by Rep. Maloney (D-NY), allocated funds to process backlogged DNA evidence, primarily from rape kits, allowing for the potential resolution of cases in which no suspect has been identified. The reauthorization bill, co-sponsored by Rep. Conyers (D-MI) and Rep. Smith (R-TX), would extend the funding to 2014.

Two amendments to the bill have sparked controversy, and led some to argue that the original intent of the bill will be undermined. One amendment, introduced by Rep. Weiner (D-NY), requires states to collect DNA samples from all convicted felons and include their profiles in state forensic DNA databanks as a condition for receiving funding under the grant program. All states currently collect samples from at least some convicted felons; however, some limit collection to violent or sexual offenders. These states no longer would be eligible for funding unless they expand their databases.

The second amendment, introduced by Rep. Schiff (D-CA), provides financial incentives to states that collect DNA samples and bank DNA profiles from arrested individuals. Such states would be eligible for additional funding. Currently, 12 states require collection from arrestees for some crimes, and thus would benefit from this amendment.

Opponents of the amendments argue that they are contrary to the intent of the original act, which sought to increase the capacity of state crime laboratories to analyze DNA from crime scene evidence in a timely manner, and to allow DNA analysis of evidence from older cases. They argue that expanding DNA collection to all felons, and incentivizing collection from arrestees, will shift laboratory resources away from processing DNA samples from backlogged crime scene evidence and increase the number of DNA samples that need processing, thereby increasing the burden on laboratories. Opponents also argue that the amendments threaten the autonomy of states in selecting whom? to include in their databases. Finally, they argue that incentivizing expansion to include arrestees will increase the number of innocent people whose DNA is held by the government, with its attendant risk of privacy violations, and will penalize states that do not expand their databases by limiting their eligibility for funding.

Supporters of the amendments counter that a comprehensive national database will increase the likelihood of a match in cases with no suspect. They also say that the amendments will provide increased funding for DNA processing, training, and technology development, which will ensure that cases are processed quickly and accurately.

It is unclear if or when the Senate will vote on the reauthorization bill.

Written by - Sara Katsanis

Genetics & Public Policy Center - Johns Hopkins Unversity

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