Debbie Smith Act
Encyclopedia
The Debbie Smith Act of 2004 (42 U.S.C. 13701) provides United States federal government grants to eligible states and units of local government to conduct DNA analyses of backlogged DNA samples collected from victims and criminal offenders. The Act expands the Combined DNA Index System
(CODIS) and provides legal assistance to survivors of dating violence. Named after sexual assault survivor Debbie Smith, the Debbie Smith Act was passed by the 108th Congress as part of larger legislation, the Justice for All Act of 2004 (P.L. 108-405), and signed into law by President George W. Bush
on October 30, 2004. The Act amends the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135), the DNA Identification Act of 1994 (42 U.S.C. 14132) and the Violence Against Women Act
of 2000. The Debbie Smith Act was reauthorized in 2008, extending the availability of DNA backlog reduction program grants, DNA evidence training and education program grants and sexual assault forensic exam program grants through fiscal year 2014.
home and threatened her with a gun. With her husband upstairs sleeping, Smith feared that if she screamed, he would be shot on his way down the stairs to help. Dragging her into the woods, Debbie’s attacker blindfolded her and raped her repeatedly over the next hour.
After the assault, the assailant made it clear he knew where Debbie lived and could return at anytime should she reveal what happened. Upon her return home, Debbie woke her husband, a lieutenant with the local police department, who convinced her to participate in the collection of DNA evidence for a rape kit. However, Debbie’s rape kit was not formally tested and entered into a national database until 1994, when a serial rapist assaulted several women in the Williamsburg area.
Finally, on July 24, 1995, six years after the assault, a DNA technician identified Debbie’s attacker, Norman Jimmerson, while analyzing various DNA records. Norman Jimmerson, then serving time for abducting and robbing two women in the same year he assaulted Debbie, was sentenced to 161 years in prison under the three strikes law
.
(CODIS) and to provide legal assistance to survivors of dating violence. The Act amends the:
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135)
The Debbie Smith Act of 2004 amends the DNA Analysis Backlog Elimination Act of 2000 to reauthorize and broaden the number of eligible grantees under the Debbie Smith DNA Backlog Grant Program. The Act expands eligible grantees to include local units of government and authorizes the appropriation of $151,000,000 each year for fiscal years 2005 through 2009 to states and local units of government to conduct DNA analyses of backlogged DNA samples collected from victims and criminal offenders. Under the Act, the Attorney General may award grants to eligible grantees to alleviate backlogs requiring a forensic science other than DNA analysis pending the state or local unit of government can certify that no significant backlog awaits DNA analysis and that there is no immediate need for laboratory equipment, supplies, or additional personnel to ensure the timely processing of future DNA evidence. The Act also amends the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) to provide for the use of vouchers or contracts for laboratory services to assist in the reduction of backlogged DNA evidence.
DNA Identification Act of 1994 (42 U.S.C. 14132)
The Debbie Smith Act of 2004 amends the DNA Identification Act of 1994 to provide for the inclusion of DNA samples collected from individuals charged in an indictment or information with a crime and individuals whose DNA samples are collected by proper legal authorities into the Combined DNA Index System
(CODIS).
Violence Against Women Act
of 2000
The Debbie Smith Act of 2004 amends the Violence Against Women Act
of 2000 to broaden the type of survivors eligible for legal assistance to include survivors of dating violence.
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135): The Debbie Smith Reauthorization Act of 2008 amends the DNA Analysis Backlog Elimination Act of 2000 by authorizing the appropriation of $151,000,000 each year for fiscal years 2009 through 2014 for grants to eligible states and local units of government to conduct DNA analyses of backlogged DNA samples collected from victims and criminal offenders.
DNA Sexual Assault Justice Act of 2004 (42 U.S.C. 14136(b)): The Reauthorization Act of 2008 amends the DNA Sexual Assault Justice Act of 2004 to extend DNA training and education grant programs for law enforcement, correctional personnel and court officers through 2014. The Act authorizes the appropriation of $12,500,000 each year for fiscal years 2009 through 2014 for training, technical assistance and education for law enforcement, correctional personnel and court officers regarding the identification, collection, preservation and analysis of DNA samples and evidence. The Act also maintains sexual assault forensic exam program grants through 2014, authorizing the appropriation of $30,000,000 each year for fiscal years 2009 through 2014. Eligible states, units of local government and sexual assault examination programs can apply for sexual assault forensic exam program grants for training, technical assistance and education regarding the identification, collection, preservation and analysis of DNA samples and evidence.
and by Human Rights Watch
have revealed that despite five years and millions in federal funding, rape kit backlogs persist across the United States and have actually increased in several grant supported states and counties., According to a 2009 CBS News investigation, at least 20,000 untested rape kits lay in four major U.S. cities and an additional twelve major cities had no idea how many rape kits remained untested in law enforcement storage facilities. An October 2008 audit of the Los Angeles city crime lab by Human Rights Watch
revealed that rape kit backlogs increased between 2004 and 2008, despite nearly $4 million in Debbie Smith DNA Backlog Program grants. In January 2007, the Los Angeles Police Department
(LAPD) publicly revealed that approximately 5,000 rape kits resided in LAPD storage facilities. By July 2008 the backlog grew to 7,300, but was later estimated at 5,193 by a February 2009 audit.
Combined DNA Index System
The Combined DNA Index System is a DNA database funded by the United States Federal Bureau of Investigation . It is a computer system that stores DNA profiles created by federal, state, and local crime laboratories in the United States, with the ability to search the database to assist in the...
(CODIS) and provides legal assistance to survivors of dating violence. Named after sexual assault survivor Debbie Smith, the Debbie Smith Act was passed by the 108th Congress as part of larger legislation, the Justice for All Act of 2004 (P.L. 108-405), and signed into law by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on October 30, 2004. The Act amends the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135), the DNA Identification Act of 1994 (42 U.S.C. 14132) and the Violence Against Women Act
Violence Against Women Act
The Violence Against Women Act of 1994 is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, , and signed as by President Bill Clinton on September 13, 1994...
of 2000. The Debbie Smith Act was reauthorized in 2008, extending the availability of DNA backlog reduction program grants, DNA evidence training and education program grants and sexual assault forensic exam program grants through fiscal year 2014.
Debbie Smith
The Debbie Smith Act was named after sexual assault survivor Debbie Smith, whose case was negatively impacted by a rape kit backlog. While she was doing miscellaneous tasks in her kitchen on the afternoon of March 3, 1989, a man wearing a ski mask entered Debbie Smith’s Williamsburg, VirginiaWilliamsburg, Virginia
Williamsburg is an independent city located on the Virginia Peninsula in the Hampton Roads metropolitan area of Virginia, USA. As of the 2010 Census, the city had an estimated population of 14,068. It is bordered by James City County and York County, and is an independent city...
home and threatened her with a gun. With her husband upstairs sleeping, Smith feared that if she screamed, he would be shot on his way down the stairs to help. Dragging her into the woods, Debbie’s attacker blindfolded her and raped her repeatedly over the next hour.
After the assault, the assailant made it clear he knew where Debbie lived and could return at anytime should she reveal what happened. Upon her return home, Debbie woke her husband, a lieutenant with the local police department, who convinced her to participate in the collection of DNA evidence for a rape kit. However, Debbie’s rape kit was not formally tested and entered into a national database until 1994, when a serial rapist assaulted several women in the Williamsburg area.
Finally, on July 24, 1995, six years after the assault, a DNA technician identified Debbie’s attacker, Norman Jimmerson, while analyzing various DNA records. Norman Jimmerson, then serving time for abducting and robbing two women in the same year he assaulted Debbie, was sentenced to 161 years in prison under the three strikes law
Three strikes law
Three strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
.
Provisions of the Act
The Debbie Smith Act of 2004 attempts to eliminate backlogs of DNA samples collected from victims and criminal offenders, to expand the number and type of samples included in the Combined DNA Index SystemCombined DNA Index System
The Combined DNA Index System is a DNA database funded by the United States Federal Bureau of Investigation . It is a computer system that stores DNA profiles created by federal, state, and local crime laboratories in the United States, with the ability to search the database to assist in the...
(CODIS) and to provide legal assistance to survivors of dating violence. The Act amends the:
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135)
The Debbie Smith Act of 2004 amends the DNA Analysis Backlog Elimination Act of 2000 to reauthorize and broaden the number of eligible grantees under the Debbie Smith DNA Backlog Grant Program. The Act expands eligible grantees to include local units of government and authorizes the appropriation of $151,000,000 each year for fiscal years 2005 through 2009 to states and local units of government to conduct DNA analyses of backlogged DNA samples collected from victims and criminal offenders. Under the Act, the Attorney General may award grants to eligible grantees to alleviate backlogs requiring a forensic science other than DNA analysis pending the state or local unit of government can certify that no significant backlog awaits DNA analysis and that there is no immediate need for laboratory equipment, supplies, or additional personnel to ensure the timely processing of future DNA evidence. The Act also amends the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) to provide for the use of vouchers or contracts for laboratory services to assist in the reduction of backlogged DNA evidence.
DNA Identification Act of 1994 (42 U.S.C. 14132)
The Debbie Smith Act of 2004 amends the DNA Identification Act of 1994 to provide for the inclusion of DNA samples collected from individuals charged in an indictment or information with a crime and individuals whose DNA samples are collected by proper legal authorities into the Combined DNA Index System
Combined DNA Index System
The Combined DNA Index System is a DNA database funded by the United States Federal Bureau of Investigation . It is a computer system that stores DNA profiles created by federal, state, and local crime laboratories in the United States, with the ability to search the database to assist in the...
(CODIS).
Violence Against Women Act
Violence Against Women Act
The Violence Against Women Act of 1994 is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, , and signed as by President Bill Clinton on September 13, 1994...
of 2000
The Debbie Smith Act of 2004 amends the Violence Against Women Act
Violence Against Women Act
The Violence Against Women Act of 1994 is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, , and signed as by President Bill Clinton on September 13, 1994...
of 2000 to broaden the type of survivors eligible for legal assistance to include survivors of dating violence.
2008 Reauthorization
The Debbie Smith Reauthorization Act of 2008 maintains previous appropriation levels for the Debbie Smith DNA Backlog Grant Program through 2014. The 2008 Reauthorization amends the:DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135): The Debbie Smith Reauthorization Act of 2008 amends the DNA Analysis Backlog Elimination Act of 2000 by authorizing the appropriation of $151,000,000 each year for fiscal years 2009 through 2014 for grants to eligible states and local units of government to conduct DNA analyses of backlogged DNA samples collected from victims and criminal offenders.
DNA Sexual Assault Justice Act of 2004 (42 U.S.C. 14136(b)): The Reauthorization Act of 2008 amends the DNA Sexual Assault Justice Act of 2004 to extend DNA training and education grant programs for law enforcement, correctional personnel and court officers through 2014. The Act authorizes the appropriation of $12,500,000 each year for fiscal years 2009 through 2014 for training, technical assistance and education for law enforcement, correctional personnel and court officers regarding the identification, collection, preservation and analysis of DNA samples and evidence. The Act also maintains sexual assault forensic exam program grants through 2014, authorizing the appropriation of $30,000,000 each year for fiscal years 2009 through 2014. Eligible states, units of local government and sexual assault examination programs can apply for sexual assault forensic exam program grants for training, technical assistance and education regarding the identification, collection, preservation and analysis of DNA samples and evidence.
Rape kit backlogs still a problem?
Investigations conducted by CBS NewsCBS News
CBS News is the news division of American television and radio network CBS. The current chairman is Jeff Fager who is also the executive producer of 60 Minutes, while the current president of CBS News is David Rhodes. CBS News' flagship program is the CBS Evening News, hosted by the network's main...
and by Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
have revealed that despite five years and millions in federal funding, rape kit backlogs persist across the United States and have actually increased in several grant supported states and counties., According to a 2009 CBS News investigation, at least 20,000 untested rape kits lay in four major U.S. cities and an additional twelve major cities had no idea how many rape kits remained untested in law enforcement storage facilities. An October 2008 audit of the Los Angeles city crime lab by Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
revealed that rape kit backlogs increased between 2004 and 2008, despite nearly $4 million in Debbie Smith DNA Backlog Program grants. In January 2007, the Los Angeles Police Department
Los Angeles Police Department
The Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...
(LAPD) publicly revealed that approximately 5,000 rape kits resided in LAPD storage facilities. By July 2008 the backlog grew to 7,300, but was later estimated at 5,193 by a February 2009 audit.
See also
- Combined DNA Index SystemCombined DNA Index SystemThe Combined DNA Index System is a DNA database funded by the United States Federal Bureau of Investigation . It is a computer system that stores DNA profiles created by federal, state, and local crime laboratories in the United States, with the ability to search the database to assist in the...
(CODIS) - DNA Analysis Backlog Elimination Act of 2000
- Rape, Abuse & Incest National Network
- Violence Against Women ActViolence Against Women ActThe Violence Against Women Act of 1994 is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, , and signed as by President Bill Clinton on September 13, 1994...
of 2000 - Natasha's Justice ProjectNatasha's Justice ProjectNatasha's Justice Project is a 501 non-profit organization that seeks to end the nation's current rape kit backlog crisis and empower and assist survivors of sexual assault through travel grants to testify at their trials. NJP was founded by Natasha S...