34 U.S.C. § 40703 — Collection and use of DNA identification information from certain District of Columbia offenders

(a) Collection of DNA samples (1) From individuals in custody: The Director of the Bureau of Prisons must collect a DNA sample from every person in Bureau custody who is or has been convicted of a qualifying District of Columbia offense (defined in (d)). (2) From individuals on release, parole, or probation: The Director of the Court Services and Offender Supervision Agency for the District of Columbia must collect a DNA sample from anyone the Agency supervises on release, parole, or probation who is or has been convicted of a qualifying D.C. offense. (3) Individuals already in CODIS: If CODIS already has that person's DNA profile, the Bureau of Prisons or the Agency doesn't have to collect a new sample -- but may. (4) Collection procedures: (A) Officials may use reasonably necessary means, including detaining and restraining someone, to collect a sample from a person who refuses to cooperate. (B) The Bureau of Prisons or the Agency may contract with state or local governments or private entities to help collect these samples. (5) Criminal penalty: Anyone required to give a sample under this subsection who refuses to cooperate is guilty of a class A misdemeanor, punished under title 18. (b) Analysis and use of samples: The Bureau of Prisons or the Agency must send each collected sample to the FBI Director, who must run a DNA analysis and add the results to CODIS. The FBI Director can skip this if Rapid DNA instruments are used and the results still go into CODIS. (c) Definitions (1) "DNA sample" means a tissue, fluid, or other bodily sample that DNA analysis can be run on. (2) "DNA analysis" means analyzing the DNA identification information in a bodily sample. (3) "Rapid DNA instruments" means equipment that fully automates getting a DNA analysis from a sample. (d) Qualifying District of Columbia offenses: The D.C. government decides which offenses under the D.C. Code count as qualifying D.C. offenses for this section. (e) Commencement of collection: Collecting DNA samples under (a) had to start within 180 days of December 19, 2000, as long as Congress had appropriated the money. (f) Authorization of appropriations: Congress authorized whatever funds were necessary for the Court Services and Offender Supervision Agency for the District of Columbia to carry out this section, for each of fiscal years 2001 through 2005.