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Shown Here: Introduced in Senate (07/29/2005)
109th CONGRESS 1st Session
S. 1606
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.
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.Short title.
This Act may be cited as the
“DNA Fingerprint Act of
2005”.
SEC. 2.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—
(1) in subsection (a)(1)(C), by striking
“, provided” and all that follows through
“System”;
(2) 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
(3) by striking subsection (e).
SEC. 3.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”.
SEC. 4.Authorization to
conduct DNA sample collection from persons arrested or detained under federal
authority.
(a) In
General.—Section 3 of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking “The
Director” and inserting the following:
“(A) 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.
“(B) The
Director”;
and
(B) 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
(2) in subsection (b), by striking
“Director of the Bureau of Prisons” and inserting “Attorney
General, the Director of the Bureau of Prisons,”.
(b) 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”.
SEC. 5.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,”.
