DNA Evidence: Legislative Initiatives in the 106th Congress

Publication Date: January 2001

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

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Abstract:

DNA evidence is a powerful forensic tool in criminal cases. Its use and capabilities have increased substantially since it was first introduced in the late 1980s. That growth has led to the emergence of the following issues that were considered by the 106th Congress in legislative initiatives: eliminating the nationwide backlog of unanalyzed DNA samples, expanding the kinds of offenders who are profiled, providing opportunities for postconviction testing of DNA evidence, and continuing development of forensic science capabilities.

A DNA profile may provide powerful evidence in many criminal investigations, either to incriminate or exculpate a suspect. DNA evidence is very stable and can be extracted and profiled from a sample many years after being deposited. The technologies used are increasingly sensitive, powerful, fast, and cost-effective. The cost of performing analyses and the time required continue to decline. Those features of the technology are likely to continue to improve over the next decade.

In 1994, Congress enacted the DNA Identification Act, which provided for the establishment by the FBI of a national index, called CODIS, of profiles of DNA from convicted criminals and from crime-scene evidence. A search of the index may match a crime with a known offender or with another crime. All 50 states now require collection of DNA samples from certain categories of offenders, including persons convicted of sexual felonies. However, DNA samples from offenders and crime scenes have accumulated in many states more rapidly than forensic laboratories can process them for entry into CODIS. More than 700,000 convicted-offender samples awaited processing at the end of 1999. In FY2000 and FY2001, Congress appropriated funds to help address the backlogs, and some states have also provided funding. Several bills in the 106th Congress would have provided additional funds; H.R. 4640 was enacted (P.L. 106-546) and authorizes $170 million over four years.

States vary in the types of crimes for which they collect DNA samples for inclusion in databases. Several have broadened the offenses that qualify. Proponents argue that expansion will help solve crimes because offenders often commit more than one kind. Opponents argue that qualifying offenses should be limited only to crimes for which DNA evidence is commonly used. Several bills in the 106th Congress specified qualifying federal offenses for inclusion in CODIS, and P.L. 106-546 includes several crimes against persons and some property crimes.

DNA evidence has helped exonerate more than 60 wrongfully convicted persons. In many cases, DNA technology was not available or not sensitive enough to produce usable results at the time of trial, and legal and other barriers exist to postconviction testing in many instances. Some states have established a statutory right to postconviction DNA testing, and several bills in the 106th Congress also addressed aspects of that issue, although none were enacted. Aspects addressed included the time period during which testing would be permitted, the degree to which evidence must be exculpatory, how long it should be preserved, whether exonerated persons should receive compensation, and the degree to which states would be encouraged or required to provide postconviction testing.