Magna Carta News
Saturday, March 19, 2005
Legislation Filed to Require DNA Sample Collection from All Felons
Regina Birchum, Media Specialist
Oklahoma House of Representatives
405.557.7499
Contact: State Rep. Fred Morgan
Capitol: (405) 557-7409
Oklahoma City: (405) 749-0045
Legislation Filed to Require DNA Sample Collection from All Felons
OKLAHOMA CITY (Jan. 18) -- State Rep. Fred Morgan has filed
legislation that would require anyone convicted of a felony crime in
Oklahoma to submit a DNA sample for inclusion in the state's database of
offenders.
Morgan, R-Oklahoma City, said DNA evidence is becoming
increasingly pivotal in criminal cases throughout the country, both to
convict the guilty and to exonerate those wrongly convicted. However, a
large sample base is needed to truly maximize the value of DNA testing
to law enforcement agencies.
Morgan said House Bill 1219 could potentially quadruple the
samples stored in the state's database, subsequently increasing the odds
of identifying criminals. "This legislation will be a major public
safety benefit to Oklahomans," he said.
Oklahoma began requiring offenders convicted of violent or
sexual crimes to provide DNA samples in 1996, but the technology was
used only to create offender profiles. In 2001, the State Bureau of
Investigation (OSBI) began using technology based on the FBI's Combined
DNA Index System (CODIS). The new database, which is in place today,
enables federal, state and local crime labs to exchange and compare DNA
profiles against evidence.
CODIS Unit Criminalist Supervisor Erin Henry said the database
is used to link convicted offenders to other crimes and to help identify
a suspect or investigative lead in cases. She said the system has been
"a tremendous help" to law enforcement and has improved efficiency in
solving cases.
Henry recalled an instance when a convicted offender, still
incarcerated for another offense, was identified as a suspect through
the database. "He confessed on the spot," lengthening his sentence.
In 2001, Oklahoma expanded its testing requirement to include
offenders convicted of burglary. According to the U.S. Department of
Justice, property crime offenders have high recidivism rates and their
crime and violence often escalate. The agency claims that collection of
biological samples from property offenders can offset future crimes and
more serious offenses.
Morgan contends that same logic should be applied to all felony
offenses. Under his legislation, there would be no distinction between
violent and non-violent offenders.
Thirty-seven states require a DNA sample from all convicted
felons, including all states neighboring Oklahoma. Forensic experts in
Virginia, which in 1990 became the first state to expand collection to
all felons, estimate that 82 percent of case-to-offender or case-to-case
"hits" would have been missed if the database were limited to only
violent offenders.
"The more offenders that are in the database, the more likely we
are to identify someone," Henry said. In the nearly four years the new
technology has been used in Oklahoma, she said the state has received 71
hits.
One such match recently identified a suspect in the 1996 rape
and murder of Jewell "Juli" Buskin, a University of Oklahoma ballet
student. Forensic evidence from the crime was linked to a man already
incarcerated in Oklahoma on an unrelated charge. He has since been
charged with the crime and prosecutors have announced plans to seek the
death penalty if they obtain a conviction.
Aside from helping to solve crimes, Morgan said offender
identification brings peace of mind to crime victims and their families.
He recently received a letter from Debbie Smith, founder and CEO of
Virginia- based H-E-A-R-T (Hope Exists After Rape Trauma), whose rapist
was caught through DNA matching. "I experienced an incredible sense of
relief from the constant fear of wondering if my rapist would ever
return," she wrote.
Morgan said if his bill becomes law, some of the expense of
increased testing could be covered by the recently approved federal DNA
Initiative, which pledges $1 billion in funding over five years to
expand and improve use of DNA technology.
-30-
Regina Birchum, Media Specialist
Oklahoma House of Representatives
405.557.7499
Contact: State Rep. Fred Morgan
Capitol: (405) 557-7409
Oklahoma City: (405) 749-0045
Legislation Filed to Require DNA Sample Collection from All Felons
OKLAHOMA CITY (Jan. 18) -- State Rep. Fred Morgan has filed
legislation that would require anyone convicted of a felony crime in
Oklahoma to submit a DNA sample for inclusion in the state's database of
offenders.
Morgan, R-Oklahoma City, said DNA evidence is becoming
increasingly pivotal in criminal cases throughout the country, both to
convict the guilty and to exonerate those wrongly convicted. However, a
large sample base is needed to truly maximize the value of DNA testing
to law enforcement agencies.
Morgan said House Bill 1219 could potentially quadruple the
samples stored in the state's database, subsequently increasing the odds
of identifying criminals. "This legislation will be a major public
safety benefit to Oklahomans," he said.
Oklahoma began requiring offenders convicted of violent or
sexual crimes to provide DNA samples in 1996, but the technology was
used only to create offender profiles. In 2001, the State Bureau of
Investigation (OSBI) began using technology based on the FBI's Combined
DNA Index System (CODIS). The new database, which is in place today,
enables federal, state and local crime labs to exchange and compare DNA
profiles against evidence.
CODIS Unit Criminalist Supervisor Erin Henry said the database
is used to link convicted offenders to other crimes and to help identify
a suspect or investigative lead in cases. She said the system has been
"a tremendous help" to law enforcement and has improved efficiency in
solving cases.
Henry recalled an instance when a convicted offender, still
incarcerated for another offense, was identified as a suspect through
the database. "He confessed on the spot," lengthening his sentence.
In 2001, Oklahoma expanded its testing requirement to include
offenders convicted of burglary. According to the U.S. Department of
Justice, property crime offenders have high recidivism rates and their
crime and violence often escalate. The agency claims that collection of
biological samples from property offenders can offset future crimes and
more serious offenses.
Morgan contends that same logic should be applied to all felony
offenses. Under his legislation, there would be no distinction between
violent and non-violent offenders.
Thirty-seven states require a DNA sample from all convicted
felons, including all states neighboring Oklahoma. Forensic experts in
Virginia, which in 1990 became the first state to expand collection to
all felons, estimate that 82 percent of case-to-offender or case-to-case
"hits" would have been missed if the database were limited to only
violent offenders.
"The more offenders that are in the database, the more likely we
are to identify someone," Henry said. In the nearly four years the new
technology has been used in Oklahoma, she said the state has received 71
hits.
One such match recently identified a suspect in the 1996 rape
and murder of Jewell "Juli" Buskin, a University of Oklahoma ballet
student. Forensic evidence from the crime was linked to a man already
incarcerated in Oklahoma on an unrelated charge. He has since been
charged with the crime and prosecutors have announced plans to seek the
death penalty if they obtain a conviction.
Aside from helping to solve crimes, Morgan said offender
identification brings peace of mind to crime victims and their families.
He recently received a letter from Debbie Smith, founder and CEO of
Virginia- based H-E-A-R-T (Hope Exists After Rape Trauma), whose rapist
was caught through DNA matching. "I experienced an incredible sense of
relief from the constant fear of wondering if my rapist would ever
return," she wrote.
Morgan said if his bill becomes law, some of the expense of
increased testing could be covered by the recently approved federal DNA
Initiative, which pledges $1 billion in funding over five years to
expand and improve use of DNA technology.
-30-
