On November 5, the House approved, 357-67, a legislative package (H.R. 3214) that includes a number of proposals to improve the collection and analysis of DNA for criminal prosecutions. The House Judiciary Committee approved the bill on October 8 (see The Source, 10/10/03).
Sponsored by Rep. 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.
Rep. Carolyn Maloney (D-NY) is the Democratic cosponsor of the Debbie Smith Act (H.R. 1046), legislation that would improve the prosecution of sexual assault cases with DNA evidence. She lauded the inclusion of the provision in H.R. 3214, stating, “There is great violence against women in America. Every two seconds, there is a sexual assault against a woman. And we know that DNA techniques can convict and prevent rapists from attacking in the future. We know that each rapist will attack at least seven or eight times, according to law authorities, and each unprocessed DNA kit represents…a rapist who could attack again if he is not put behind bars.”
H.R. 3214 would expand the Violence Against Women Act (VAWA) to provide legal assistance for victims of dating violence. The bill also would authorize grants to nonprofit, nongovernmental tribal domestic violence and sexual assault coalitions for programs under VAWA.
Finally, the measure 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.
Although supportive of many of the provisions in H.R. 3214, a number of members opposed the bill, including Rep. John Shadegg (R-AZ). He pointed out that the National District Attorney’s Association opposes H.R. 3214 because “…under this legislation, convicted felons will have the ability to make a demand for a retrial under circumstances which are far lower than any other circumstances similar in other situations.” In addition, “Convicted criminals will be allowed to make consecutive, multiple requests for DNA testing under this bill. They would have the ability to tie up the courts over and over again by submitting separate requests,” he concluded.
