Forensic DNA Databases:Forensic DNA Databases:

A Global UpdateA Global Update

Presented by:

Tim Schellberg, President GORDON THOMAS HONEYWELL

Governmental Affairs

Washington, DC (202) 258-2301Tacoma, WA (253) 620-6500

4th Annual Applied Biosystems Middle East HID User Meeting

Bahrain22-23 March 2010

Washington, DC Tacoma, Washington

SOLVE MORE CRIME

PREVENT MORE CRIME

EXONERATE THE INNOCENT

COST / BENEFIT

Why Offender DNA Databases?

Why larger database are necessary?

Offender Database Size Controls the “Hit Rates”

Estimates Sex offenders 5%

Sex offenders & Violent offenders ____ 10%

Sex offenders, Violent offenders and Property crimes 20%

All crimes 45%

All arrestees 60%

Whole Population_________________________________90-99%?

Politics of DNA Databases

Decisions controlled by top Government officials. Legislation required in most countries

Crime Control vs. Privacy

The World is Positioning for Explosive Growth of Offender DNA Database Programs

2000 ~ 6% of the world’s population has passed and implemented offender DNA database legislation/policy (United States and United Kingdom)

2010 ~ 30% of the world’s population has passed and implemented offender DNA database legislation/policy

Largest countries added between 2000 and 2010 : China, Germany, France and Spain

2015 ~ 60% of the world’s population will have passed and implemented offender DNA database legislation/policy.Largest countries with offender DNA database Legislation/Policy positioned to be passed and implemented by 2015: India, Brazil, Russia, Japan

How many total samples will there be in 2015 or 2020?

2010 – 20million – 50% from the US and UK

North America

Central America

South America

Europe

Middle East

Africa

Asia

Australia & Oceania

GLOBAL LEGISLATIVE UPDATE

Comprehensive and up-to-date information on DNA database programs worldwide.

Color-coded for easy recognition of database status

Country profiles include DNA database criteria and technical specifics

Continuously updated resources to include laws, amendments, news articles, and other external information

International.DNAresource.comInternational.DNAresource.com

NORTH AMERICA

UNITED STATES

Legislation passing in most states

Civil liberty and criminal defense interests are fighting the change

Courts reviewing the policy -- Early cases support arrestee testing

President Obama announces support

http://link.brightcove.com/services/player/bcpid70069263001?bclid=69917219001&bctid=70456124001

Legislative focus on changing laws from convicted offenders to arrestees

EUROPE

The EU Effect

EU Mandate for DNA database – COUNCIL DECISION 2009/426/JHA of 16 December 2008 – Article 9 3 (d) Effect of decision

Italy - Convicted offenders – Passed June 2009 Greece – Convicted offenders – Passed August 2009 Ireland - Convicted and arrested offenders – Expected to pass soon

Prum Treaty Compliance Mandated by the EU Arrestee legal issues – The Marper Challenge (Dec. 2008)

European Court of Human Rights FINDING: Permanent retention of arrestee DNA

samples a violation of privacy under the European Convention of Human Rights UK must develop new policies.

ASIA

ASIA

Aggressive expansion in offender DNA databasing Large Countries have begun or will soon begin offender testing:

China (20% of world population), India (17% of world population), Japan (1.9% of world population), South Korea (.73 percent of world population)

Scientific coordination among countries beginning

Common database themes among countries still being defined

South Korea Approved by the Korean Parliament in December, takes

effect in July 2010 Includes offenders arrested of violent and sexual crimes

Malaysia Passed June 2009 Includes offenders arrested of all crimes and detainees The world’s most compressive DNA database legislation

to date

ASIA: New LegislationASIA: New Legislation

Vietnam Offender database policies being developed CODIS being considered

ASIA: DNA legislation is expanding rapidly – Who is next?

Thailand• Legislation being drafted. • CODIS being pursued

India • Legislation positioned to pass in 2010• Priority for new leadership

AUSTRALIA & OCEANIA

The Criminal Investigations (Crime Scene) Bill expands the national database (passed October 27, 2009 )

Permits investigators to collect samples from anyone they 'intend to charge' 

Includes provisions for destruction of suspect samples

NEW ZEALAND: New Legislation

AFRICAAFRICA

Mauritius DNA Identification Act 2009 passed in late June Includes convicted offenders and suspects Suspect profile held up to 10 years

South Africa The Criminal Law (Forensic Procedures) Bill is currently

before Parliament Includes provisions for crime scene, convicted offender,

and volunteer and exclusionary profiles Expected to pass; has significant support from the ANC

Nigeria National DNA database bill passed second reading in the

Senate on October 14, 2009

AFRICA: New Legislation

SOUTH AMERICA

Brazil Legislation of all convicted offenders expected soon. Brazilian Federal Police to run program.  

Chile Recent legislation to be implemented Limited to violent convicted offenders

Argentina State of Cordoba and District of Buenos Aires passed legislation

to allow a DNA database. Scope of the database to be developed administratively.

SOUTH AMERICA: New Legislation

Thank YouThank You

www.dnaresource.com

tims@gth-gov.com

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