34 U.S.C. § 40703 — Collection and use of DNA identification information from certain District of Columbia offenders
submitted 26 years ago by Pub. L. 106-546 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 584 words · no verdicts yet
Officials must collect DNA from certain D.C. offenders in prison or on release. Samples go to the FBI for CODIS, and refusing to cooperate is a misdemeanor. Congress funded this through fiscal year 2005.
(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.
The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)).
The Director of the Court Services and Offender Supervision Agency for the District of Columbia shall collect a DNA sample from each individual under the supervision of the Agency who is on supervised release, parole, or probation who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)).
For each individual described in paragraph (1) or (2), if the Combined DNA Index System (in this section referred to as “CODIS”) of the Federal Bureau of Investigation contains a DNA analysis with respect to that individual, the Director of the Bureau of Prisons or Agency (as applicable) may (but need not) collect a DNA sample from that individual.
The Director of the Bureau of Prisons or Agency (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample.
The Director of the Bureau of Prisons or Agency, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2).
An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the collection of that sample shall be—
guilty of a class A misdemeanor; and
punished in accordance with title 18.
The Director of the Bureau of Prisons or Agency (as applicable) shall furnish each DNA sample collected under subsection (a) to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample and include the results in CODIS. The Director of the Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.
In this section:
The term “DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.
The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.
The term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample.
The government of the District of Columbia may determine those offenses under the District of Columbia Code that shall be treated for purposes of this section as qualifying District of Columbia offenses.
Collection of DNA samples under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after December 19, 2000.
There are authorized to be appropriated to the Court Services and Offender Supervision Agency for the District of Columbia to carry out this section such sums as may be necessary for each of fiscal years 2001 through 2005.
Source credit: (Pub. L. 106–546, § 4, Dec. 19, 2000, 114 Stat. 2730; Pub. L. 115–50, § 3(b), Aug. 18, 2017, 131 Stat. 1002.)
- 2000Enacted · Pub. L. 106-546 · 114 Stat. 2730
- 2017Amended · Pub. L. 115-50 · 131 Stat. 1002
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-546 on 2000-12-19.
all 0 arguments · sorted by: best
no arguments yet — make the first case