II
109th CONGRESS
1st Session
S. 1606
IN THE SENATE OF THE UNITED STATES
July 29, 2005
Mr. Kyl (for himself and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To establish an opt-out system for expungement of DNA profiles from the national index and to authorize collection of DNA samples from persons arrested or detained under Federal authority.
Short title
This Act may be cited as the
DNA Fingerprint Act of
2005
.
Use of opt-out procedure to remove samples from national DNA index
Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended—
in subsection (a)(1)(C), by striking
, provided
and all that follows through
System
;
in subsection (d)(2)(A)(ii), by striking
all charges for
and all that follows, and inserting the
following: “the responsible agency or official of that State receives, for each
charge against the person on the basis of which the analysis was or could have
been included in the index, a certified copy of a final court order
establishing that such charge has been dismissed or resulted in an acquittal.”;
and
by striking subsection (e).
Expanded use of codis grants
Section 2(a)(1) of the
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(a)(1)) is amended
by striking taken from individuals convicted of a qualifying State
offense (as determined under subsection (b)(3))
and inserting
collected under applicable legal authority
.
Authorization to conduct DNA sample collection from persons arrested or detained under federal authority
In General
Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended—
in subsection (a)—
in paragraph (1), by striking The
Director
and inserting the following:
The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested or detained under the authority of the United States. The Attorney General may delegate this function within the Department of Justice as provided in section 510 of title 28, United States Code, and may also authorize and direct any other agency of the United States that arrests or detains individuals or supervises individuals facing charges to carry out any function and exercise any power of the Attorney General under this section.
The Director
; and
in paragraphs (3) and (4), by striking
Director of the Bureau of Prisons
each place it appears and
inserting Attorney General, the Director of the Bureau of
Prisons,
; and
in subsection (b), by striking
Director of the Bureau of Prisons
and inserting Attorney
General, the Director of the Bureau of Prisons,
.
Conforming Amendments
Subsections (b)
and (c)(1)(A) of section 3142 of title 18, United States Code, are each amended
by inserting and subject to the condition that the person cooperate in
the collection of a DNA sample from the person if the collection of such a
sample is authorized pursuant to section 3 of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a)
after period of
release
.
Tolling of statute of limitations for sexual-abuse offenses
Section 3297 of title 18, United States
Code, is amended by striking except for a felony offense under chapter
109A,
.