[Congressional Record Volume 157, Number 35 (Wednesday, March 9, 2011)]
[Senate]
[Pages S1503-S1504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Udall of New Mexico, Mr. 
        Schumer, Mr. Kyl, and Mr. Bennet):
  S. 517. A bill to authorize the Attorney General to award grants for 
States to implement minimum and enhanced DNA collection processes; to 
the Committee on the Judiciary.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Katie 
Sepich Enhanced DNA Collection Act of 2011. I am pleased that Senators 
Kyl, Udall of New Mexico, Schumer, and Bennet of Colorado are joining 
me today in sponsoring this important piece of legislation. Congressman 
Schiff and Reichert are also introducing this bipartisan bill in the 
House.
  Similar legislation, which was championed in the House of 
Representatives by Congressman Teague, overwhelmingly passed that body 
last year with a bipartisan vote of 357 to 32. Unfortunately, efforts 
to move the legislation last year were unsuccessful in the Senate. I 
look forward to working with my colleagues to pass this bipartisan bill 
in the Senate this Congress.
  The bill is named after Katie Sepich, a promising graduate student 
attending New Mexico State University who was tragically murdered in 
2003. The man who killed Katie was arrested for aggravated assault 
about 3 months after the murder. Although police had collected the 
killer's DNA from the crime scene, because there was no requirement 
that DNA be taken from individuals arrested for serious felonies, 
police weren't able to get a match until about 3 years after the murder 
when the man was sent to prison after being convicted of unrelated 
crimes.
  If New Mexico had the arrestee law then that it has today it would 
have taken 3 months, not 3 years, to solve the crime. Katie's mother, 
Jayann, has worked tirelessly at the state and Federal level to give 
law enforcement the tools they need to promptly solve crimes and ensure 
that other mothers don't have to suffer the same horrible ordeal that 
her family has.
  We can't get Katie back, or the other lives that have been lost to 
these senseless crimes, but we can do something to help solve cases and 
prevent similar crimes from occurring in the future. One such step is 
to enhance the capacity of States to collect the DNA of individuals 
arrested for certain felony crimes, which would substantially increase 
the ability of law enforcement to match DNA found at crimes scenes with 
that of suspects and individuals who have been previously arrested, 
charged, or convicted of crimes.
  The Federal Government and about half the states, including New 
Mexico, currently collect arrestee DNA for serious offenses. This has 
proven to be a very effective tool in solving cases, and it makes sense 
to incentivize States to continue and to expand this effort. Since New 
Mexico implemented ``Katie's Law'' in 7007, there have been about 100 
matches of arrestees. It is also important to note that DNA collection 
has not only demonstrated its effectiveness in terms of saving lives 
and preventing crimes, but it has also proved to be an important means 
of ensuring that innocent individuals are not mistakenly jailed for 
crimes they did not commit.
  Let me take a moment to specifically describe what this legislation 
would, and would not, do. First, this legislation is aimed at creating 
an incentive for states to enact arrestee DNA collection program's. It 
is not a mandate. States that meet minimum collection guidelines could 
apply for DOJ grant assistance in covering the first-year costs that 
they have incurred or will incur in implementing the standards. If they 
enact laws in accordance with the enhanced guidelines, States would be 
eligible for an additional bonus payment.
  Second, the bill encourages DNA testing for serious felonies, such as 
murder, sex crimes, aggravated assault, and burglary. It is narrowly 
tailored to apply to the most serious crimes. Third, the legislation 
provides that all of the expungement provisions under Federal law are 
applicable. Arrestees who have their DNA included in the Federal 
database may have their records expunged if their conviction is 
overturned, they are acquitted, or charges are dismissed or not filed 
within the applicable time period. Furthermore, the bill provides that 
as a condition of receiving a grant States must notify individuals who 
submit samples of the relevant expungement procedures and post the 
information on a public Web site.
  Lastly, I would like to address the concerns some have raised about 
the constitutionality of collecting arrestee DNA. Although courts have 
upheld the collection of arrestee DNA, I recognize that the question of 
whether the collection of a DNA sample from an arrestee is consistent 
with the Fourth Amendment isn't a completely settled question of law. 
Some courts have viewed the collection as something akin to 
fingerprinting and other courts have viewed it as a more intrusive 
search, such as the taking of a blood sample. However, the Department 
of Justice has stated that it believes that this legislation is 
constitutional and is supportive of encouraging states to pass DNA 
arrestee laws. I believe that such programs, with appropriate 
safeguards in place, have demonstrated that they can be a very 
effective mechanism to save lives, solve crimes, and prevent wrongful 
convictions.
  For these reasons, I urge my colleagues to support this important 
legislation.

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