The Advancing Justice Through DNA Technology Act of 2003 (H.R. 3214): A Section-by-Section Analysis

Publication Date: July 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

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Abstract:

The Federal Bureau of Investigation (FBI) maintains an automated information processing system, the Combined DNA Index (CODIS), of DNA profiles of certain convicted criminals and DNA analyses of samples recovered from crime scenes, from unidentified human remains and from missing persons. The National DNA Indexing System (NDIS), one of the three indexes that make up the CODIS, enables participating laboratories to exchange and compare state and federal DNA profiles. State legislation has increased the number of qualifying offenses for which convicted offenders must submit DNA samples, such as offender samples, plus case samples from crime scenes creating a bigger pool of DNA samples needing to be analyzed. As the pool increases and new samples are collected the states are finding it difficult to complete the DNA analysis, therefore resulting in a backlog. On November 5, 2003 the House passed H.R. 3214 aimed at modernizing the laws relating to the use of DNA technology in the criminal justice system. The bill would provide States with training, funding and guidelines aimed at eliminating the backlog.

Title I of the act would expand the eligibility provisions of the DNA Backlog Grant Program by adding "units of local government" as potential grantees and proposes to change the program to a formula grant program. Among other things, it would expand the types of DNA records that may be included in the CODIS to include records of persons who have been indicted or who have waived indictment for a crime, and would also broaden the list of federal and military qualifying offenses. Furthermore, it would increase the authorized funding levels for the DNA Analysis Backlog Elimination program to $151 million annually.

Title II of the act would amend the DNA Identification Act of 1994 to require that laboratories that provide DNA records for the CODIS be accredited by a nationally recognized non-profit professional association of forensic scientists within two years of the enactment of the act, and undergo external audits at least once every two years to show compliance with specified standards. It provides for enhanced criminal penalties for knowing misuse or unauthorized disclosure of DNA information, and authorizes grants to be awarded for DNA training, education, research and development; sexual assault forensic examination programs; using DNA technology to identify missing persons; and tribal domestic violence and sexual assault coalitions. Additionally, it establishes a new National Forensic Science Commission, expands the Paul Coverdell Forensic Sciences Improvement Grant Program, and provides funds to the Federal Bureau of Investigation for the administration of its DNA programs.

Title III would establish the rules governing the applications for post-conviction DNA testing by inmates in the federal system. It would require the preservation of biological evidence in federal criminal cases while the inmate is in prison and would establish grants to states for improving the quality of capital litigation. Also, it would provide funds for post-conviction testing and increase the compensation in federal cases for the wrongfully convicted. This report analyzes the version of H.R. 3214 that was referred to the Senate and will be updated as necessary.