On October 8, the House Judiciary Committee approved, 28-1, a legislative package (H.R. 3214) that includes a number of proposals to improve the collection and analysis of DNA for criminal prosecutions. Sponsored by Chair James Sensenbrenner (R-WI), the Advancing Justice Through DNA Technology Act would allow inmates access to post-conviction DNA testing and would include a number of provisions important to women.
H.R. 3214 would authorize $755 million over five years for the Debbie Smith DNA Backlog Grant Program. This program would provide grants to states and local authorities to eliminate the current backlog of over 300,000 rape kits, other sexual assault evidence, and samples taken in cases without an identified suspect currently awaiting DNA analysis in crime labs. The measure also would expand the Violence Against Women Act (VAWA) to provide legal assistance for victims of dating violence. Finally, H.R. 3214 would incorporate the text of the DNA Sexual Assault Justice Act (S. 152). Sponsored by Sen. Joe Biden (D-DE), this bill would provide grants for training and educating law enforcement, judicial authorities, and medical personnel on the use of DNA analysis in sexual assault cases.
Rep. Sensenbrenner argued that this legislation is necessary because “public crime labs are ill-equipped, and consequently, overwhelmed by backlogs of unanalyzed DNA samples that could solve violent crimes if the states had the funds to process them. Experts have estimated that DNA evidence from more than 180,000 rape crime scenes have been collected, but never analyzed.”
In a statement released by his office, Rep. Jerrold Nadler (D-NY) lauded the authorization of funds to reduce the rape kit backlog. “This is a serious effort to combat crime, locate and apprehend rapists, and use powerful evidence to put them in prison. Unlike the sound bite crime legislation that so many Members of Congress seem to advocate these days, this bill will actually make a difference,” he stated.
Prior to final approval of H.R. 3214, the committee adopted, by voice vote, a manager’s amendment that would allow states to run DNA profiles on arrested individuals through the FBI’s Combined DNA Index System, without adding those profiles to the system.
The House could take up the bill as early as next week. Judiciary Committee Chair Orrin Hatch (R-UT) has introduced comparable legislation (S. 1700) in the Senate.
