H.R. 4614 (111th): Katie Sepich Enhanced DNA Collection Act of 2010

111th Congress, 2009–2010. Text as of Feb 04, 2010 (Introduced).

Status & Summary | PDF | Source: GPO

I

111th CONGRESS

2d Session

H. R. 4614

IN THE HOUSE OF REPRESENTATIVES

February 4, 2010

(for himself and Mr. Schiff) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide for incentive payments under the Edward Byrne Memorial Justice Assistance Grant program for States to implement minimum and enhanced DNA collection processes.

1.

Short title

This Act may be cited as the Katie Sepich Enhanced DNA Collection Act of 2010.

2.

Incentive payments under the Byrne grants program for States to implement minimum and enhanced DNA collection processes

Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following new subsection:

(i)

Payment incentives for States To implement minimum and enhanced DNA collection processes

(1)

Payment incentives

(A)

Bonus

In the case of a State that receives funds for a fiscal year (beginning with fiscal year 2011) under this subpart and has implemented an enhanced DNA collection process and uses such process for such year, the amount of funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be increased by 10 percent.

(B)

Penalty

In the case of a State that receives funds for a fiscal year (beginning with fiscal year 2011) and that has not implemented or used either a minimum DNA collection process or an enhanced DNA collection process for such year, the amount of such funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be decreased by 5 percent.

(2)

Definitions

For purposes of this subsection:

(A)

Minimum DNA collection process

The term minimum DNA collection process means, with respect to a State, a process under which a keyboard DNA search is conducted of DNA samples from the following individuals who are at least 18 years of age:

(i)

Such individuals who are arrested for, charged with, or indicted for a criminal offense under State law that consists of murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter.

(ii)

Such individuals who are arrested for, charged with, or indicted for a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 5 years, or an attempt to commit such an offense.

(iii)

Such individuals who are arrested for, charged with, or indicted for a criminal offense under State law that has an element of kidnaping or abduction punishable by imprisonment for 5 years or more.

(B)

Enhanced DNA collection process

The term enhanced DNA collection process means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation, of DNA samples from the following individuals who are at least 18 years of age:

(i)

Such individuals who are arrested for or charged with a criminal offense under State law that consists of murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter.

(ii)

Such individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year, or an attempt to commit such an offense.

(iii)

Such individuals who are arrested for or charged with a criminal offense under State law that consists of a specified offense against a minor (as defined in section 111(7) of the Sex Offender Registration and Notification Act (42 U.S.C. 16911(7)), or an attempt to commit such an offense.

(iv)

Such individuals who are arrested for or charged with a criminal offense under State law that consists of burglary or any attempt to commit burglary.

(v)

Such individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault.

(C)

Keyboard search

The term keyboard DNA search means a search under which DNA from an individual who is arrested for or charged with a criminal offense is compared with information in the National DNA Index System, described in section 210304(a) of the DNA Identification Act of 1994 (42 U.S.C. 14132(a)), without resulting in the information being included in the index.

(3)

Expungement of profiles

The expungement requirements under section 210304(d) of the DNA Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any samples collected pursuant to this subsection for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation.

(4)

Authorization of appropriations

There is authorized to be appropriated, in addition to funds made available under section 508, such sums as may be necessary to carry out this subsection for each of the fiscal years 2011 through 2015.

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