{ "id": "RL30694", "type": "CRS Report", "typeId": "REPORTS", "number": "RL30694", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 100219, "date": "2001-01-26", "retrieved": "2016-05-24T20:28:41.370941", "title": "DNA Evidence: Legislative Initiatives in the 106th Congress", "summary": "DNA evidence is a powerful forensic tool in criminal cases. Its use and capabilities have\nincreased\nsubstantially since it was first introduced in the late 1980s. That growth has led to the emergence\nof the following issues that were considered by the 106th Congress in legislative initiatives:\neliminating the nationwide backlog of unanalyzed DNA samples, expanding the kinds of offenders\nwho are profiled, providing opportunities for postconviction testing of DNA evidence, and\ncontinuing development of forensic science capabilities. \n A DNA profile may provide powerful evidence in many criminal investigations, either to\nincriminate or exculpate a suspect. DNA evidence is very stable and can be extracted and profiled\nfrom a sample many years after being deposited. The technologies used are increasingly sensitive,\npowerful, fast, and cost-effective. The cost of performing analyses and the time required continue\nto decline. Those features of the technology are likely to continue to improve over the next decade.\n In 1994, Congress enacted the DNA Identification Act, which provided for the establishment\nby the FBI of a national index, called CODIS, of profiles of DNA from convicted criminals and from\ncrime-scene evidence. A search of the index may match a crime with a known offender or with\nanother crime. All 50 states now require collection of DNA samples from certain categories of\noffenders, including persons convicted of sexual felonies. However, DNA samples from offenders\nand crime scenes have accumulated in many states more rapidly than forensic laboratories can\nprocess them for entry into CODIS. More than 700,000 convicted-offender samples awaited\nprocessing at the end of 1999. In FY2000 and FY2001, Congress appropriated funds to help address\nthe backlogs, and some states have also provided funding. Several bills in the 106th Congress would\nhave provided additional funds; H.R. 4640 was enacted ( P.L. 106-546 ) and authorizes\n$170 million over four years. \n States vary in the types of crimes for which they collect DNA samples for inclusion in\ndatabases. Several have broadened the offenses that qualify. Proponents argue that expansion will\nhelp solve crimes because offenders often commit more than one kind. Opponents argue that\nqualifying offenses should be limited only to crimes for which DNA evidence is commonly used. \nSeveral bills in the 106th Congress specified qualifying federal offenses for inclusion in CODIS, and\n P.L. 106-546 includes several crimes against persons and some property crimes. \n DNA evidence has helped exonerate more than 60 wrongfully convicted persons. In many\ncases, DNA technology was not available or not sensitive enough to produce usable results at the\ntime of trial, and legal and other barriers exist to postconviction testing in many instances. Some\nstates have established a statutory right to postconviction DNA testing, and several bills in the 106th\nCongress also addressed aspects of that issue, although none were enacted. Aspects addressed\nincluded the time period during which testing would be permitted, the degree to which evidence\nmust be exculpatory, how long it should be preserved, whether exonerated persons should receive\ncompensation, and the degree to which states would be encouraged or required to provide\npostconviction testing.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL30694", "sha1": "e08049206dee60a18ad01fdea13b84eb855c0422", "filename": "files/20010126_RL30694_e08049206dee60a18ad01fdea13b84eb855c0422.pdf", "images": null }, { "format": "HTML", "filename": "files/20010126_RL30694_e08049206dee60a18ad01fdea13b84eb855c0422.html" } ], "topics": [] } ], "topics": [ "National Defense" ] }