Governor Henry Signs DNA Bill Into Law

Posted: May 20, 2009 5:24 PM CDT Updated: May 20, 2009 10:30 PM CDT

 

The Oklahoma State Bureau of Investigation says it will cost about $800,000 to expand the state’s DNA database. The agency plans to file for federal grant money to cover the expenses.

By Kirsten McIntyre, NEWS 9

OKLAHOMA CITY — Tuesday night, Governor Henry signed into law a measure aimed at helping to solve cold cases. It forces more people to give up their DNA.

The new law is named after Juli Busken, a University of Oklahoma ballerina whose killer was caught because of DNA.

Her parents and others are celebrating this legislative victory but say their fight for even tougher laws isn’t over yet.

“We are very honored that it’s named after Juli,” Juli’s mother Mary Jean Buskin said.

Juli was raped and murdered in 1996. Eight years later, Anthony Sanchez was finally caught through DNA collected on an unrelated case.

“A lot of people will plead from a felony to a misdemeanor and so this way, before they can get out of giving DNA, this way they will have to anyway,” Buskin said.

“At this time, once you’re convicted of a felony and incarcerated, your DNA is taken,” Rep. Lee Denney (R – District 33) said. “What this is going to do is expand the database to include people who commit certain violent misdemeanors.” 

Among those misdemeanors included in the new law are assault and battery, domestic abuse, stalking, breaking and entering a dwelling place and negligent homicide.

DNA would be collected once the person has been convicted.

“It is the beginning of a change,” Maggie Zingman said.

Zingman says she is both pleased and frustrated with the new law. Her daughter, Brittany Phillips, was raped and murdered more than five years ago in Tulsa. The killer has yet to be caught. Zingman now travels across the country campaigning for tougher DNA laws. She wants DNA collected when a person is arrested, not when they’re convicted.

She will probably get her wish too.  In 2007  91 DNA expansion bills were introduced in 36 states. Almost half of the bills were aimed at people arrested for certain offenses.  15 of the  bills were passed in 12 states with 4 of them creating new law to collect DNA upon arrest of felonies.

“I have a deep set feeling we would find my daughter’s killer,” Zingman said. “That it would have been a preventable crime; he would have been in the system.”

Representative Denney says that kind of law is what she’ll continue fighting for.

“I felt like if we could get their DNA upon arrest and they commit serial crimes we could catch them faster,” Denney said.

The new law went into effect the minute the governor signed it.

More info on this issue;

 

Key Federal Legislation on DNA Forensics

• DNA Analysis Backlog Elimination Act of 2000: Authorized the collection of DNA samples from individuals in federal custody; probationers, parolees, and people on supervised release who were convicted of certain violent crimes.
• Justice for All Act of 2004: Authorized DNA collection from anyone convicted of a federal felony.
• Violence Against Women Act of 2006: Adam Walsh Child Protection and Safety Act of 2006: Both acts authorized federal officials to collect DNA samples from any federal arrestee and from individuals detained by federal officials who are not U.S. citizens or lawful permanent residents aliens.

http://www.thehastingscenter.org/Publications/BriefingBook/Detail.aspx?id=2168

 

Council of State Legislatures

State Law on DNA Databanks;

http://www.ncsl.org/programs/cj/dnadatabanks.htm

Fifteen states, Alaska, Arizona, California, Kansas, Louisiana, Maryland, Michigan, Minnesota, New Mexico, North Dakota, South Carolina, South Dakota, Tennessee, Texas and Virginia, now have laws authorizing arrestee sampling. The Texas law allows post-indictment samples of certain sex offenders. Minnesota’s passed in 2005, similarly requires a DNA sample after probable cause determination in a charge of one of many serious felonies. Tennessee also will take DNA from arrestees in violent felonies upon the finding of probable cause. California’s Proposition 69, approved by voters on November 2, 2004, requires DNA samples of adults arrested for or charged with a felony sex offense, murder or voluntary manslaughter, or attempt of these crimes. Starting in 2009, the measure requires arrestee sampling be expanded to arrests for any felony offense. The same measure expanded DNA testing to all convicted felons. In 2006, Kansas added the requirement that felony or drug sentencing guidelines grid level 1 or 2 crime arrestees provide a DNA sample; and will expand in mid-2008 to all felony arrestees. New Mexico also enacted arrestee samples from specified violent felons in 2006.

 

DNA data bases in all states today are connected to the National DNA Index System, which is run by the Federal Bureau of Investigation for federal and state information sharing.

http://www.ncsl.org/programs/cj/dnadatabanks.htm