DNA Analysis Bills Headed for Floor Action

After months of scheduling and postponing the mark-up, the Senate Judiciary Committee approved, 11-7, a legislative package (S. 1700) on September 21 that consolidates a number of proposals to improve the collection and analysis of DNA for criminal prosecutions. The House approved an identical measure on November 5, 2003 (see The Source, 11/7/03).

Sponsored by Chair Orrin Hatch (R-UT), 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.

S. 1700 would authorize $755 million over five years for the Debbie Smith DNA Backlog Grant Program. This program would provide grants to state 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 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, S. 1700 would incorporate the texts of the Rape Kits and DNA Evidence Backlog Elimination Act (S. 149) and the DNA Sexual Assault Justice Act (S. 152). Sponsored by Sens. Mike DeWine (R-OH) and Joe Biden (D-DE) respectively, these bills would authorize more than $500 million through FY2007 to provide grants for training and educating law enforcement, judicial authorities, and medical personnel on the use of DNA analysis in sexual assault cases.

During consideration of the bill, the committee rejected a number of amendments offered by Sens. Jon Kyl (R-AZ) and John Cornyn (R-TX) that would have placed certain restrictions on post-conviction DNA testing.

In his opening remarks, Sen. DeWine stated, “While the overall violent crime rate has decreased in recent years, the occurrence of rape has only increased. Somewhere in America, a woman is sexually assaulted every two minutes. This is truly staggering. Adding to this tragedy is the fact that in cities across the country, hundreds of thousands of rape kits are sitting untested in police department evidence rooms. While these tests contain DNA evidence that could lead to the arrest of rapists, many rape kits have gone untested for more than a decade due to a lack of funding.”

In a press release announcing committee passage of the bill, Sen. Biden said that the legislation “provides critical reinforcements for police, prosecutors, nurses, doctors, advocates, and most importantly, for victims by providing money for DNA backlogs, training, and for sexual assault examiners. It’s a logical extension of the DNA databank we created in the landmark 1994 Crime Bill, and it’s a logical extension of the Violence Against Women Act which established programs to train sexual assault forensic nurses.”

On September 22, the House Judiciary Committee approved, by voice vote, a bill (H.R. 5107) that would incorporate the text of the Advancing Justice Through DNA Technology Act (H.R. 3214) and would grant specific rights to all victims of federal crimes. The Senate approved a victims rights’ bill (S. 2329) on April 22 (see The Source, 4/23/04).

Sponsored by Chair James Sensenbrenner (R-WI), the Justice for All Act would confer the following rights upon victims of federal crimes:

• The right to be reasonably protected from the accused;
• The right to reasonable, accurate, and timely notice of any public proceeding involving the crime or of any release or escape of the accused;
• The right not to be excluded from any such public court proceeding, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at that proceeding;
• The right to be reasonably heard at any public proceeding involving release, plea, or sentencing;
• The reasonable right to confer with the attorney for the government in the case;
• The right to full and timely restitution as provided in law;
• The right to proceedings free from unreasonable delay; and
• The right to be treated with fairness and with respect for the victims’ dignity and privacy.

H.R. 3214 would authorize $16.3 million in FY2005 and $26.5 million for FY2006 through FY2009 for witness assistance programs, enhancement of the victim notification system at the Department of Justice, and the National Crime Victim Law Institute. In addition, $5 billion would be authorized for FY2005 through FY2009 for crime victim notification grants to state, tribal, and local prosecutors’ offices.

In a press release announcing committee passage of the bill, Rep. Sensenbrenner stated, “The Justice for All Act will enhance the rights and protections of all persons involved in the criminal justice system. The legislation does this through two different, but complementary mechanisms: (1) a new set of statutory victims’ rights that are both enforceable in a court of law and supported by fully-funded victims’ assistance programs; and (2) a comprehensive DNA bill that seeks to ensure that the true offender is caught and convicted for the crime.”