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10 U.S.C. § 1565a — DNA samples maintained for identification of human remains: use for law enforcement purposes

submitted 24 years ago by Pub. L. 107-314 to r/title-10-ARMED-FORCES · 177 words · no verdicts yet

in plain englishAI-generated · not legal advice

A Department of Defense DNA repository must provide DNA samples when a valid Federal-court or military-judge order requires it, but only if doing so does not prevent identification of human remains. The samples may be used for a felony or sexual-offense investigation or prosecution when no other DNA source is reasonably available.

(a) Compliance with court order. (1) If a valid Federal-court or military-judge order requires it, a Department of Defense element that keeps a DNA repository for identifying human remains must make samples available for the purpose in subsection (b), on the terms and conditions ordered. (2) A person’s sample must be provided in a way that does not impair the Department’s ability to keep a sample for identifying that person’s remains. (b) Covered purpose. The purpose is investigating or prosecuting a felony or any sexual offense for which no other DNA-information source is reasonably available. (c) Definition. “DNA sample” has the meaning given in section 1565(c) of this title; this section does not define it separately.
the actual law source: uscode.house.gov ↗public domain
(a)Compliance with Court Order.—
(1)

Subject to paragraph (2), if a valid order of a Federal court (or military judge) so requires, an element of the Department of Defense that maintains a repository of DNA samples for the purpose of identification of human remains shall make available, for the purpose specified in subsection (b), such DNA samples on such terms and conditions as such court (or military judge) directs.

(2)

A DNA sample with respect to an individual shall be provided under paragraph (1) in a manner that does not compromise the ability of the Department of Defense to maintain a sample with respect to that individual for the purpose of identification of human remains.

(b)Covered Purpose.—

The purpose referred to in subsection (a) is the purpose of an investigation or prosecution of a felony, or any sexual offense, for which no other source of DNA information is reasonably available.

(c)Definition.—

In this section, the term “DNA sample” has the meaning given such term in section 1565(c) of this title.

Source credit: (Added Pub. L. 107–314, div. A, title X, § 1063(a), Dec. 2, 2002, 116 Stat. 2653.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-314 · 116 Stat. 2653

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-314 on 2002-12-02.

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