Bill in Congress - HR 2462

4-20-2009 National:

`Convicted Child Sex Offender DNA Index System Support Act'.

Sponsor: Rep King, Peter T. [NY-3]
Introduced 5/18/2009 Bill HR 2462


The STATED intent of the bill is: To eliminate the backlog in performing DNA analyses of DNA samples collected from convicted child sex offenders, and for other purposes.

My Summary:
The assumption here is that there are numerous DNA samples, from crimes affecting children, awaiting analysis in the states, this bill appropriates $25,000,000 for the next three years to have the samples analyzed; no mention of entering results into CODIS. However, the bill requires that the samples be analyzed by PRIVATE labs, and the head of the FBI is charged with setting the standards a PRIVATE lab would have to meet to participate. The bill also states that prior DNA samples would be re-analyzed; why I do not know. While the intent seems proper, if the need is real, the use of PRIVATE labs rather than expanding current STATE labs, seems to lock states into this GOLDEN EGG forever. I would opt for expanding current state labs which would, long term, eliminate the need for further funding.


My Analysis:

Who/What the bill pertains to:

(1) IN GENERAL- Not later than 45 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, after consultation with representatives of the States and of appropriate Federal agencies, shall develop a plan to assist States in performing DNA analyses of DNA samples collected from convicted child sex offenders.

(2) OBJECTIVE- The objective of the plan developed under paragraph (1) shall be to effectively eliminate the backlog of convicted child sex offender DNA samples awaiting analysis in State or local forensic laboratory storage, including samples that need to be reanalyzed using upgraded methods, in an efficient, expeditious manner that will provide for the entry of those analyses into the combined DNA Indexing System (CODIS).

(3) PREFERENCE IN FUNDING- In providing assistance to States under the plan, the Director shall give a preference in assistance to those States that have developed a comprehensive program for the DNA analysis of crime scene evidence in casework for which there are no suspects.

The lab standards are set by:

(1) That the Director of the Federal Bureau of Investigation--

(A) establish requirements for the performance of DNA analyses by private forensic laboratories, including quality assurance standards, state-of-the-art testing methods, and other requirements that the Director considers appropriate; and

(B) determine which private forensic laboratories satisfy the requirements established pursuant to subparagraph (A).

The purpose of the analysis:

(5) That each DNA sample collected and analyzed under the plan be accessible only--

(A) to criminal justice agencies for law enforcement identification purposes;

(B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;

(C) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or

(D) for validation studies and protocol development purposes, if personally identifiable information is removed.

Missing is any mention of entering the results into the national DNA data base CODIS.

The bill as written is questionable, $75,000,000 is a large amount of money to analyze crime scene evidence. Further, no real reason why previous child sex offender DNA must be reanalyzed.

I would OPPOSE this bill 100% just because it duplicates what states are already doing rather than expanding labs to eliminate the GOLDEN EGG (further funding for PRIVATE labs).. Contact lawmaker, with your views, by clicking on his/her name above, as well as your own folks in Congress.

Folks can contact the Committee Members working on this bill, by simply clicking on the bill number above, going to the "Congressional Actions" section and find the name of the committee. Once you have the committee name, contact the correct committee here: House Committees or Senate Committees

Thanks,
eAdvocate

Note: To see all bills concerning sex offenders or their families currently in Congress simply click here. At the present time I do not review sex offender bills concerning Immigration or Appropriations, they get very involved and are time consuming.

Note: Full bill text WILL NOT be included in this blog because as time goes on bills are amended by Congressional Committees and also on the floor of either house, and it is too easy to confuse folks who may not realize that. Further, links to the bill in Congress will be provided so folks can always see the latest version of the bill.