Katie's Law, also known as the Katie Sepich Enhanced DNA Collection Act of 2010, is a federal law to provide funding to states to implement minimum and enhanced DNA collection processes for felony arrests. The bill is named after Katie Sepich, who was brutally attacked outside of her New Mexico home in August 2003. She was raped, strangled, her body set on fire, and abandoned at an old dump site.

Summary

Katie's attacker's skin and blood were found under her fingernails. This DNA profile was sent to the

Combined DNA Index System The Combined DNA Index System (CODIS) is the United States national DNA database created and maintained by the Federal Bureau of Investigation. CODIS consists of three levels of information; Local DNA Index Systems (LDIS) where DNA profiles orig ...

(CODIS) where officials hoped a match would be made. A DNA match identified Gabriel Adrian Avila, who had been arrested in November 2003 for aggravated burglary and was serving time in the New Mexico Corrections System since November 2004. After being confronted with his DNA evidence, Avila subsequently confessed to the murder of Sepich. The experience of Katie's parents, Jayann and Dave Sepich, in bringing Katie's killer to justice motivated them to advocate for legislation that would expand the use of DNA to arrest and convict criminals:

Jayann and Dave Sepich, Katie's parents, began researching the role of DNA in solving crimes. At first they just wanted to find and punish the person who had murdered their daughter; but as they learned more about how DNA can solve crimes, they also learned it could do so much more–it can prevent crimes and save lives.

The proposed legislation encourages states to collect a sample through DNA profiling from individuals who are: arrested for, charged with or indicted for crimes involving murder, manslaughter, sexual assaults, and kidnapping or abduction. The collected samples are included in CODI

which contains more than 5 million records and used by law enforcement agencies. DNA profiling is not the same as

full genome sequencing Whole genome sequencing (WGS), also known as full genome sequencing, complete genome sequencing, or entire genome sequencing, is the process of determining the entirety, or nearly the entirety, of the DNA sequence of an organism's genome at a ...

and contains no genetic information. There are over 3 billion markers in the DNA molecule and only 13 of these markers go into CODIS.

Law's expansion

Susana Martinez Susana Martinez (born July 14, 1959) is an American politician and attorney who served as the 31st governor of New Mexico from 2011 to 2019. A Republican, she served as chair of the Republican Governors Association (RGA) from 2015 to 2016. She ...

was the attorney who prosecuted and convicted the killer. While she was District Attorney, Martinez worked to pass legislation that would expand Katie's Law, requiring a DNA sample for all felony arrests. While Governor of New Mexico, Martinez signed the expansion bill into law in April 2011.

National growth

On February 4, 2010 Congressman Harry Teague (D-NM) introduced H.R. 4614. The bill has 11 co-sponsors: * Rep.

Gerry Connolly Gerald Edward Connolly (born March 30, 1950) is an American politician serving as the U.S. representative for Virginia's 11th congressional district, first elected in 2008. The district is anchored in Fairfax County, an affluent suburban coun ...

(D-VA) * Rep.

Martin Heinrich Martin Trevor Heinrich (; born October 17, 1971) is an American businessman and politician serving as the senior United States senator from New Mexico, a seat he has held since 2013. A member of the Democratic Party, Heinrich served as the U.S ...

(D-NM) * Rep.

Tim Holden Thomas Timothy Holden (born March 5, 1957) is an American politician from Pennsylvania who served as a Democratic member of the U.S. representative for from 1993 to 2013. Holden was the dean of the Pennsylvania Congressional Delegation durin ...

(D-PA) * Rep. Steve Kagen (D-WI) * Rep. Suzanne Kosmas (D-FL) * Rep.

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(D-NM) * Rep.

Betsy Markey Elizabeth Helen Markey (born April 27, 1956) is a former American politician who served as a member of the United States House of Representatives for from 2009 to 2011. She also served as assistant secretary for intergovernmental affairs in th ...

(D-CO) * Rep.

David Reichert David George Reichert (; born August 29, 1950) is an American politician, veteran, and former sheriff who served as the United States House of Representatives, U.S. representative for Washington (state), Washington's Washington's 8th congressiona ...

(R-WA) * Rep. Thomas J. Rooney (R-FL) * Rep. Adam B. Schiff (D-CA) * Rep. Anthony Weiner (D-NY) On May 18, the bill was passed in the House by a vote of 357 to 32. In the Senate side, S. 3805 was introduced by Sen.

Jeff Bingaman Jesse Francis "Jeff" Bingaman Jr. (born October 3, 1943) is an American politician who served as a United States Senator from New Mexico from 1983 to 2013, for 5 terms. A member of the Democratic Party, he served as Chairman of Committee Outrea ...

(D-NM) on September 20, 2010 and co-sponsored by Sen. Michael Bennet (D-CO), Sen.

Charles Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...

(D-NY), Sen.

Tom Udall Thomas Stewart Udall ( ; born May 18, 1948) is an American diplomat, lawyer and politician serving as the United States Ambassador to New Zealand and Samoa since 2021. A member of the Democratic Party, he served as a United States senator from ...

(D-NM). As of 2018, no action has been taken on the bill. 25 states have passed Katie's Law or similar programs: *

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Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S. ...

Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...

Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

Colorado Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

Kansas Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to th ...

Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...

Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...

Michigan Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...

Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...

Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...

New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, Ke ...

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and ...

North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, So ...

Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...

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South Dakota South Dakota (; Sioux: , ) is a U.S. state in the North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota and Dakota Sioux Native American tribes, who comprise a large porti ...

Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...

Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...

Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...

Vermont Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...

In an interview aired on '' America's Most Wanted'',

President Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...

expressed his support for the legislation, saying that "it is the right thing to do," and that "this is where the national registry becomes so important, because what you have is individual states — they may have a database, but if they're not sharing it with the state next door, you've got a guy from

Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockf ...

driving over into

Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...

, and they're not talking to each other."

Criticism

Some opponents argue that this policy is an invasion of privacy or a violation of civil rights. Others comment that since DNA contains sensitive genetic information it is quite different from fingerprints. A federal district court, in the United States v. Pool, upheld that the federal statute allowing collection of DNA samples prior to conviction for inclusion in the national DNA database does not represent a violation of constitutional rights. In issuing its ruling, the court specifically held that the collection does not represent a violation of Fourth Amendment rights. The court also dismissed claims of violations of Fifth and Eighth amendment rights. High courts in Maryland, and Virginia, also ruled that DNA upon arrest does not violate the Fourth Amendment. Maryland later reversed itself.

External links

DNA Saves

The Surviving Parents Coalition

Katie's LawJohn Walsh urges passage of Katie's Law

References