City Attorney Pete Holmes and Councilmember M. Lorena González have partnered on legislation that will allow DNA from those convicted of certain sex-based and domestic violence misdemeanor offenses in Seattle Municipal Court to be uploaded to the federal Combined DNA Index System (CODIS) database.
Councilmember M. Lorena González (Position 9, Citywide) said, “This legislation I’m introducing in partnership with Pete Holmes is about fulfilling our obligation to do everything possible to get closure for victims. With this action, we can help add to the body of evidence behind unsolved crimes against people.”
“Victims come forward to hold their assailant accountable, but also to prevent and solve future crimes. DNA evidence has led to the capture of the Golden State Killer and helped solve a double murder in Snohomish County, so I can only guess what cold cases these soon-to-be uploaded DNA samples might help uncover,” said Seattle City Attorney Pete Holmes. “My sincere gratitude to Representatives Tina Orwall and Roger Goodman who helped bring the state legislation over the finish line, and to Councilmember Gonzalez for introducing the bill to solve this DNA collection issue once and for all.”
When a person is convicted of one of the sex-based or domestic violence misdemeanors in Seattle that are subject to DNA collection under state law, a saliva sample of their DNA is collected for uploading to CODIS, which is used to test against other crime scene evidence elsewhere, including rape kits. The Washington State Crime Lab has rejected receipt of the City of Seattle’s DNA swabs since 2014, stating that they are only able to accept samples from municipal jurisdictions that have incorporated State crimes by reference into their respective municipal codes.
The City has continued to collect DNA samples since 2014, now totaling approximately 650 samples, holding them in storage until the State crime lab would accept them for uploading to CODIS. The City has sought a legislative solution at the State legislature every year since 2014.
The City legislation was introduced after the Washington Legislature passed House Bill 1326, which was signed into law by Governor Jay Inslee in May. The State legislation allows the City’s backlog of DNA samples to be uploaded to CODIS. The State legislation will also allow DNA samples collected by the City to be uploaded to CODIS for future convictions, provided the City incorporates certain sections of State law into the Seattle Municipal Code by the end of 2019.
The Council’s Gender Equity, Safe Communities, New Americans & Education Committee is scheduled to consider the Council bill today,July 31 at 9:30 a.m. Provided the Seattle City Council approves Gonzalez’s and Holmes’ bill by December 31, the State will resume accepting DNA for those convicted of sex-based offenses.
The DNA samples that will qualify for uploading to CODIS are for those convicted of the following misdemeanor crimes in Seattle:
- Assault in the fourth degree where domestic violence is pleaded and proven
- Assault in the fourth degree with sexual motivation
- Communication with a minor for immoral purposes
- Harassment
- Patronizing a prostitute
- Stalking
- Indecent exposure
- Violation of a sexual assault protection order granted under chapter 7.90 RCW
Holmes added, “I’m especially grateful to my prosecutors who were tasked with swabbing DNA samples from defendants who, moments prior, they successfully obtained a conviction against. Moving forward, SPD and the King County Jail will be responsible for DNA swabbing.”