Title II: Convicted Offender DNA Index System - Convicted Offender DNA Index System Support Act - Requires the: (1) Director of the Federal Bureau of Investigation (FBI) to develop and implement a plan to assist eligible States in performing DNA analyses of samples collected from convicted offenders and to pay for such analyses, in order to eliminate the backlog of convicted offender DNA samples awaiting analysis in State or local forensic laboratory storage; and (2) Attorney General to develop and implement a plan to assist eligible States in performing DNA analyses of crime scene evidence in casework for which there are no suspects, in order to eliminate that backlog.
Requires the FBI Director to develop and implement a plan to eliminate the backlog of crime scene evidence awaiting DNA analysis in FBI forensic laboratory storage. Authorizes the Director to expand the combined DNA Indexing System (CODIS) to include information on missing persons.
Provides for the DNA identification of Federal, District of Columbia, and military felony offenders.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3130 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 3130
To provide for post-conviction DNA testing, to facilitate the exchange
by law enforcement agencies of DNA identification information relating
to felony offenders, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28 (legislative day, September 22), 2000
Mr. Hatch (for himself, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. McCain,
Mr. Grassley, Mr. Thurmond, Mr. Kyl, Mr. Abraham, Mr. DeWine, Mr.
Sessions, Mr. Smith of New Hampshire, Mr. Smith of Oregon, Ms. Collins,
Mr. Fitzgerald, Mr. Helms, Mr. Santorum, Mr. Hagel, Mr. Shelby, Mr.
Warner, Mr. Inhofe, Ms. Snowe, Mr. Allard, Mr. Brownback, Mr. Grams,
Mr. Bennett, Mr. Cochran, Mr. Hutchinson, and Mr. Frist) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide for post-conviction DNA testing, to facilitate the exchange
by law enforcement agencies of DNA identification information relating
to felony offenders, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Criminal Justice
Integrity and Law Enforcement Assistance Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--POST-CONVICTION DNA TESTING IN FEDERAL COURT
Sec. 101. Post-conviction DNA testing.
Sec. 102. Repeal.
TITLE II--CONVICTED OFFENDER DNA INDEX SYSTEM
Sec. 201. Short title.
Sec. 202. Elimination of convicted offender DNA backlog.
Sec. 203. Elimination of State and local unsolved casework DNA backlog.
Sec. 204. Elimination of FBI unsolved casework DNA backlog.
Sec. 205. Missing persons database.
Sec. 206. DNA identification of Federal, District of Columbia, and
military felony offenders.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In the last decade, deoxyribonucleic acid testing
(referred to in this Act as ``DNA testing'') has emerged as the
most reliable forensic technique for identifying criminals when
biological evidence of the crime is obtained. DNA testing ``has
been acknowledged by the courts as well as the national
scientific community for its extraordinary degree of accuracy
in matching cellular material to individuals''. Commonwealth v.
Brison, 618 A.2d 420 (S. Ct. Pa. 1992).
(2) In many cases, DNA testing of biological evidence can
reveal relevant evidence of a crime, and in a narrow class of
cases, it can conclusively prove the guilt or innocence of a
criminal defendant. In many other cases, however, DNA testing
can provide only inconclusive or irrelevant evidence.
(3) While DNA testing is standard in pretrial
investigations in every State today, it was not widely
available prior to the early 1990's. In addition, new DNA
testing technologies have been developed that can accurately
examine minute samples and obtain more discriminating results
than earlier forms of DNA testing.
(4) DNA testing is possible on biological evidence that is
more than a decade old. Because biological evidence, such as
semen or hair from a rape, is often preserved by authorities
years after trial, it has become possible to submit preserved
biological evidence to DNA testing. In cases that were tried
before DNA technology existed, and in which biological evidence
was preserved after conviction, post-conviction testing is
feasible.
(5) Even within this narrow class of cases that occurred
before DNA technology existed, and in which biological evidence
was preserved, post-conviction testing is appropriate only if
the identity of the perpetrator was an issue at trial, and DNA
testing has the potential to exonerate the defendant of the
crime for which he was convicted of beyond a reasonable doubt.
To authorize post-conviction testing in a broader category of
cases would lead to a waste of scarce prosecutorial and
judicial resources without increasing the likelihood of
determining whether an innocent person was wrongfully
convicted.
(6) Several States, including Illinois, New York, and
Arizona, have enacted statutes that authorize post-conviction
DNA testing. The Illinois statute has worked particularly well,
as Illinois has the most post-conviction DNA exonerations in
the Nation. As the cases interpreting these statutes make
clear, post-conviction DNA testing is authorized only in cases
in which testing has the potential to exonerate a defendant.
For example, in People v. Savory, 722, N.E.2d 220, 224 (Ill.
1999), the court, after an exhaustive examination of the
Illinois post-conviction DNA testing statute, concluded that
``the legislature intended to provide a process of total
vindication...[I]n using the term `actual innocence', the
legislature intended to limit the scope of the [Illinois
statute], allowing for scientific testing only where it has the
potential to exonerate a defendant.''. In Savory, the court
denied post-conviction testing because ``although DNA testing
carries the possibility of weakening the State's original case
against defendant, it does not have the potential to prove him
innocent''.
(7) Because DNA testing is standard in pretrial
investigations in every State today, the issue of post-
conviction DNA testing involves only a narrow class of cases
prosecuted before DNA technology existed. In the near future,
the need for post-conviction DNA testing will cease because of
the availability of pretrial testing with advanced
technologies.
(8) In the last decade, post-conviction DNA testing has
exonerated innocent persons who were wrongly convicted in
trials that occurred before DNA testing existed. In some of
these cases, the post-conviction DNA testing that exonerated a
wrongly convicted person also provided evidence that led to the
apprehension of the actual perpetrator.
(9) Under current Federal and State law, it is difficult to
obtain post-conviction DNA testing because of time limits on
introducing newly discovered evidence. In 38 States, motions
for a new trial based on newly discovered evidence must be made
not later than 2 years after the date of conviction. In some
States, such motions must be made not later than 30 days after
the date of conviction. Under Federal law, such a motion must
be made not later than 3 years after the date of conviction.
These time limits are based on the fact that evidence becomes
less reliable after the passage of time and, as a result, it is
difficult to prosecute criminal cases years after the crime
occurred.
(10) The time limits on introducing newly discovered
evidence should not bar post-conviction DNA testing in
appropriate cases because DNA testing can produce accurate
results on biological evidence that is more than a decade old.
Unlike other evidence, the results of DNA testing are not
necessarily less reliable after the passage of time.
(11) Once post-conviction DNA testing is performed, the
results of such testing should be considered as newly
discovered evidence by the courts. If post-conviction testing
produces exculpatory evidence, the defendant should be allowed
to move for a new trial based on newly discovered evidence,
notwithstanding the time limits on such motions applicable to
other forms of newly discovered evidence. In addition, courts
should weigh motions for a new trial based on post-conviction
DNA testing results under the established precedents for
motions for a new trial based on newly discovered evidence.
(12) In 1994, Congress passed the DNA Identification Act,
which authorized the construction of the Combined DNA Index
System (referred to in this section as ``CODIS''). CODIS is a
national database that allows Federal and State law enforcement
agencies to submit, retrieve, and compare DNA profiles of
convicted offenders and DNA profiles of evidence from crime
scenes.
(13) Every State has a law that requires certain convicted
offenders to provide DNA samples. These convicted offender DNA
samples must be analyzed before the DNA profiles can be placed
in the CODIS database. DNA profiles of evidence from crime
scenes are also placed in CODIS.
(14) When DNA evidence is gathered from a crime scene, law
enforcement authorities can use CODIS in 2 ways. First,
authorities can compare the DNA evidence to the convicted
offender profiles in CODIS. If there is a match between the DNA
evidence and the DNA profile of a convicted offender,
authorities will obtain the identity of the suspected
perpetrator. Second, if there is not a match in the convicted
offender profiles, authorities can compare the DNA evidence to
the DNA profiles of evidence from other crime scenes. If there
is a match between the DNA evidence and the DNA profiles from
other unsolved crimes, authorities can link 2 or more crimes
together.
(15) DNA samples must be analyzed by accredited
laboratories before the samples can be placed in CODIS.
Unfortunately, there is a nationwide backlog of approximately
700,000 unanalyzed convicted offender DNA samples and
unanalyzed DNA evidence from unsolved crimes. Authorities
estimate that at least 600 felonies will be solved by
eliminating the backlog of convicted offender DNA samples
alone. Congress should provide financial assistance to the
States to analyze DNA samples and evidence and expedite their
inclusion in CODIS.
(16) While every State has a law that requires certain
convicted offenders to provide DNA samples, the Federal
Government does not collect DNA samples from offenders
convicted of Federal crimes, United States military crimes, or
crimes under the law of the District of Columbia. Congress
should pass legislation that requires anyone convicted of a
felony under Federal law, United States military law, or the
law of the District of Columbia to provide a DNA sample for
inclusion in CODIS.
TITLE I--POST-CONVICTION DNA TESTING IN FEDERAL COURT
SEC. 101. POST-CONVICTION DNA TESTING.
(a) Federal Criminal Procedure.--
(1) In general.--Part II of title 18, United States Code,
is amended by inserting after chapter 228 the following:
``CHAPTER 228A--POST-CONVICTION DNA TESTING
``Sec.
``3600. DNA testing.
``3600A. Prohibition on destruction of biological material.
``Sec. 3600. DNA testing
``(a) Motion.--During the 30-month period beginning on the date of
enactment of this section, an individual serving a term of imprisonment
for conviction in a court of the United States of a criminal offense
(referred to in this section as the `applicant') may make a written
motion to the court that entered the judgment of conviction for the
performance of forensic DNA testing on specified evidence, if that
evidence--
``(1) was secured in relation to the investigation or
prosecution that resulted in the conviction of the applicant;
and
``(2) was not subject to the DNA testing requested because
the technology for such testing was not available to the
applicant at the time of trial.
``(b) Notice to the Government.--Upon receipt of a motion under
subsection (a), the court shall notify the Government and shall afford
the Government an opportunity to respond to the motion.
``(c) Requirements.--In any motion under subsection (a), the
applicant shall--
``(1) under penalty of perjury, assert the actual innocence
of the applicant of--
``(A) the offense for which the applicant was
convicted; or
``(B) uncharged conduct, if the exoneration of the
applicant of such conduct would result in a mandatory
reduction in the sentence of the applicant;
``(2) identify the specific evidence (that was secured in
relation to the investigation or prosecution that resulted in
the conviction of the applicant) to be tested and a theory of
defense, not inconsistent with previously asserted theories,
that the requested DNA testing would support; and
``(3) present a prima facie showing that--
``(A) the identity of the perpetrator was at issue
in the trial that resulted in the conviction of the
applicant; and
``(B) DNA testing of the specified evidence would,
assuming exculpatory results, establish the actual
innocence of the applicant of--
``(i) the offense for which the applicant
was convicted; or
``(ii) uncharged conduct, if the
exoneration of the applicant of such conduct
would result in a mandatory reduction in the
sentence of the applicant.
``(d) Order.--
``(1) In general.--Except as provided in paragraph (2), the
court shall order the testing requested in a motion under
subsection (a) under reasonable conditions designed to protect
the interests of the Government in the integrity of the
evidence and the testing process, upon a determination, after
review of the record of the trial of the applicant, that--
``(A) the applicant has met the requirements of
subsection (c);
``(B) the evidence to be tested is in the
possession of the Government or the court and has been
subject to a chain of custody sufficient to establish
that it has not been altered in any material respect;
and
``(C) the motion is made in a timely manner and for
the purpose of demonstrating the actual innocence of
the applicant and not to delay the execution of
sentence or administration of justice.
``(2) Exception.--The court shall not order the testing
requested in a motion under subsection (a) if, after review of
the record of the trial of the applicant, the court determines
that there is no reasonable possibility that the testing will
produce exculpatory evidence that would establish the actual
innocence of the applicant of--
``(A) the offense for which the applicant was
convicted; or
``(B) uncharged conduct, if the exoneration of the
applicant of such conduct would result in a mandatory
reduction in the sentence of the applicant.
``(3) Final order.--An order under this subsection is a
final order for purposes of section 1291 of title 28, United
States Code.
``(e) Testing Procedures.--
``(1) Selection of laboratory.--Any DNA testing ordered
under this section shall be conducted by--
``(A) a laboratory mutually selected by the
Government and the applicant; or
``(B) if the Government and the applicant are
unable to agree on a laboratory, a laboratory selected
by the court that ordered the testing.
``(2) Costs.--The costs of any testing ordered under this
section shall be paid--
``(A) by the applicant; or
``(B) in the case of an applicant who is indigent,
by the court.
``(f) Time Limitation in Capital Cases.--In any case in which the
applicant is sentenced to death--
``(1) any DNA testing ordered under this section shall be
completed not later than 120 days after the date on which the
Government responds to the motion under subsection (a); and
``(2) the court shall order any post-testing procedures
under subsection (g) not later than 30 days after the date on
which the DNA testing is completed.
``(g) Post-Testing Procedures.--
``(1) Results unfavorable to applicant.--If the DNA testing
conducted under this section produces inconclusive evidence or
evidence that is unfavorable to the applicant--
``(A) the court shall--
``(i) dismiss the application; and
``(ii) forward the results of the testing
to the appropriate parole board that would have
jurisdiction over a request for parole by the
applicant; and
``(B) the Government shall compare the evidence to
DNA evidence from unsolved crimes in the Combined DNA
Index System (CODIS).
``(2) Results favorable to applicant.--If the DNA testing
conducted under this section produces exculpatory evidence--
``(A) the applicant may, during the 60-day period
beginning on the date on which the applicant is
notified of the test results, make a motion to the
court that ordered the testing for a new trial based on
newly discovered evidence under rule 33 of the Federal
Rules of Criminal Procedure, notwithstanding any
provision of law that would bar such a motion as
untimely; and
``(B) upon receipt of a motion under subparagraph
(A), the court that ordered the testing shall consider
the motion under rule 33 of the Federal Rules of
Criminal Procedure, notwithstanding any provision of
law that would bar such consideration as untimely.
``(h) Applicability to Federal Habeas Corpus.--The denial of post-
conviction DNA testing by a Federal or State court shall not be a
ground for relief in any proceeding under Federal habeas corpus.
``(i) Counsel.--The court may appoint counsel for an indigent
applicant under this section.''.
``Sec. 3600A. Prohibition on destruction of biological material
``(a) Prohibition.--
``(1) In general.--Notwithstanding any other provision of
law, during the period described in paragraph (2), the
Government shall not destroy any biological material preserved
in any case in which the identity of the perpetrator was at
issue during trial, if the defendant is serving a term of
imprisonment following conviction in that case.
``(2) Period described.--The period described in this
paragraph is the period beginning on the date of enactment of
this section and ending on the later of--
``(A) the expiration of the 30-month period
beginning on that date of enactment; or
``(B) the date on which any proceedings under
section 3600 relating to the case are completed.
``(b) Sanctions for Intentional Violation.--The court may impose
appropriate sanctions, including criminal contempt, for an intentional
violation of subsection (a).''.
(2) Technical and conforming amendment.--The analysis for
part II of title 18, United States Code, is amended by
inserting after the item relating to section 228 the following:
``228A. Post-conviction DNA testing......................... 3600''.
(b) Applicability.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply with
respect to any judgment of conviction entered before, on, or after that
date of enactment.
SEC. 102. REPEAL.
Effective 30 months after the date of enactment of this Act, this
title and the amendments made by this title are repealed.
TITLE II--CONVICTED OFFENDER DNA INDEX SYSTEM
SEC. 201. SHORT TITLE.
This title may be cited as the ``Convicted Offender DNA Index
System Support Act''.
SEC. 202. ELIMINATION OF CONVICTED OFFENDER DNA BACKLOG.
(a) Development of Plan.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Director of the Federal Bureau of
Investigation, after consultation with representatives of the
States and of appropriate Federal agencies, shall develop a
plan to assist eligible States in performing DNA analyses of
DNA samples collected from convicted offenders and to pay for
the costs of such post-conviction DNA analyses, as necessary.
(2) Objective.--The objective of the plan developed under
paragraph (1) shall be to effectively eliminate the backlog of
convicted offender DNA samples awaiting analysis in State or
local forensic laboratory storage, including samples that need
to be reanalyzed using upgraded methods, in an efficient,
expeditious manner that will provide for the entry of those
analyses into the combined DNA Indexing System (CODIS).
(b) Eligibility for Assistance.--To be eligible to receive
assistance under the plan developed under subsection (a), a State shall
submit to the Attorney General an application, which shall include
assurances that--
(1) not later than 1 year after the date on which the
application is submitted, the State will allow post-conviction
DNA testing in a manner consistent with section 3600 of title
18, United States Code (as added by title I of this Act); and
(2) prior to the repeal of chapter 228A of title 18, United
States Code (as added by title I of this Act), the State will
not destroy any biological material preserved in any case in
which the identity of the perpetrator was at issue during
trial, if the defendant is serving a term of imprisonment
following conviction in that case.
(c) Plan Conditions.--The plan developed under subsection (a) shall
require each of the following:
(1) That the Director of the Federal Bureau of
Investigation--
(A) establish requirements for the performance of
DNA analyses by private forensic laboratories,
including quality assurance standards, state-of-the-art
testing methods, and other requirements that the
Director considers appropriate; and
(B) determine which private forensic laboratories
satisfy the requirements established pursuant to
subparagraph (A).
(2) That a laboratory may perform DNA analyses under the
plan only if it is a private forensic laboratory determined
under paragraph (1)(B) to satisfy the requirements established
pursuant to paragraph (1)(A).
(3) That the Director of the Federal Bureau of
Investigation provide assistance under the plan only pursuant
to arrangements with private forensic laboratories that have
been determined under paragraph (1)(B) to satisfy the
requirements established pursuant to paragraph (1)(A).
(4) That under each such arrangement--
(A) the Director shall determine, for each State to
which assistance is provided under the plan, the
quantity of convicted offender DNA samples awaiting
analysis in that State on which the laboratory shall
perform DNA analysis;
(B) the laboratory shall perform those DNA
analyses; and
(C) the Director shall, on behalf of that State,
provide funding to the laboratory to cover the costs of
those DNA analyses.
(5) That each DNA sample collected and analyzed under the
plan be accessible only--
(A) to criminal justice agencies for law
enforcement identification purposes;
(B) in judicial proceedings, if otherwise
admissible pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which such defendant is
charged; or
(D) for validation studies and protocol development
purposes, if personally identifiable information is
removed.
(d) Implementation of Plan.--Subject to the availability of
appropriations under subsection (e), the Director of the Federal Bureau
of Investigation shall implement the plan developed under subsection
(a) with eligible States.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the Federal Bureau of Investigation to
carry out this section $25,000,000 for each of fiscal years 2000 and
2001.
SEC. 203. ELIMINATION OF STATE AND LOCAL UNSOLVED CASEWORK DNA BACKLOG.
(a) Development of Plan.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Attorney General, in coordination
with the Director of the Federal Bureau of Investigation and
after consultation with representatives of the States and of
appropriate Federal agencies, shall develop a plan to assist eligible
States in performing DNA analyses of crime scene evidence in casework
for which there are no suspects.
(2) Objective.--The objective of the plan developed under
paragraph (1) shall be to effectively eliminate the backlog of
crime scene evidence awaiting DNA analysis in State or local
forensic laboratory storage, including evidence that needs to
be reanalyzed using upgraded methods, in an efficient,
expeditious manner that will provide for the entry of those
analyses into the combined DNA Indexing System (CODIS).
(b) Eligibility for Assistance.--To be eligible to receive
assistance under the plan developed under subsection (a), a State shall
submit to the Attorney General an application, which shall include
assurances that--
(1) not later than 1 year after the date on which the
application is submitted, the State will allow post-conviction
DNA testing in a manner consistent with section 3600 of title
18, United States Code (as added by title I of this Act); and
(2) prior to the repeal of chapter 228A of title 18, United
States Code (as added by title I of this Act), the State will
not destroy any biological material preserved in any case in
which the identity of the perpetrator was at issue during
trial, if the defendant is serving a term of imprisonment
following conviction in that case.
(c) Plan Conditions.--The plan developed under subsection (a) shall
require each the following:
(1) That the Attorney General, in coordination with the
Director of the Federal Bureau of Investigation, establish--
(A) requirements for the performance of DNA
analyses by State and local forensic laboratories,
including quality assurance standards issued by the
Director, state-of-the-art testing methods, and other
requirements that the Director considers appropriate;
(B) procedures under which a State may apply for
assistance under the plan; and
(C) guidelines for the use by a State of any
assistance under the plan.
(2) That the Attorney General provide assistance under the
plan only by making grants to a State, to be used by the chief
executive officer of the State, in conjunction with units of
local government, other States, or any combination thereof, to
carry out a project consistent with the plan.
(3) That the State, as a condition of receiving assistance
under the plan, shall--
(A) use the assistance only for the DNA analysis of
crime scene evidence in casework for which there are no
suspects; and
(B) provide assurances that it will submit a report
to the Attorney General containing a summary of the
activities carried out using the assistance provided.
(4) That the Federal share of assistance provided under the
plan with respect to a project may not exceed 75 percent of the
total costs of the project.
(5) That each DNA sample collected and analyzed under the
plan be accessible only--
(A) to criminal justice agencies for law
enforcement identification purposes;
(B) in judicial proceedings, if otherwise
admissible pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which such defendant is
charged; or
(D) for validation studies and protocol development
purposes, if personally identifiable information is
removed.
(d) Implementation of Plan.--Subject to the availability of
appropriations under subsection (e), the Attorney General shall
implement the plan developed under subsection (a) with eligible States.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$35,000,000 for each of fiscal years 2000 and 2001.
SEC. 204. ELIMINATION OF FBI UNSOLVED CASEWORK DNA BACKLOG.
(a) Development of Plan.--Not later than 45 days after the date of
enactment of this Act, the Director of the Federal Bureau of
Investigation shall develop a plan to effectively eliminate the backlog
of crime scene evidence awaiting DNA analysis in forensic laboratory
storage of the Bureau, including evidence that needs to be reanalyzed
using upgraded methods, in an efficient, expeditious manner that will
provide for the entry of those analyses into the combined DNA Indexing
System (CODIS).
(b) Condition of Plan.--The plan developed under subsection (a)
shall require that each DNA sample collected and analyzed under the
plan be accessible only--
(1) to criminal justice agencies for law enforcement
identification purposes;
(2) in judicial proceedings, if otherwise admissible
pursuant to applicable statutes or rules;
(3) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which such defendant is charged; or
(4) for validation studies and protocol development
purposes, if personally identifiable information is removed.
(c) Implementation of Plan.--Subject to the availability of
appropriations under subsection (d), the Director of the Federal Bureau
of Investigation shall implement the plan developed pursuant to
subsection (a).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the Federal Bureau of Investigation to
carry out this section $500,000 for fiscal year 2000, to remain
available until expended.
SEC. 205. MISSING PERSONS DATABASE.
(a) In General.--The Director of the Federal Bureau of
Investigation may expand the combined DNA Indexing System (CODIS) to
include information on missing persons, including analyses of DNA
samples voluntarily contributed from relatives of missing persons.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the Federal Bureau of Investigation to
carry out this section $2,835,000 for fiscal year 2000, to remain
available until expended.
SEC. 206. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF COLUMBIA, AND
MILITARY FELONY OFFENDERS.
(a) Expansion of DNA Identification Index.--Section 811(a)(2) of
the Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C.
531 note) is amended to read as follows:
``(2) the Director of the Federal Bureau of Investigation
shall expand the combined DNA Identification System (CODIS) to
include information on DNA identification records and analyses
related to criminal offenses and acts of juvenile delinquency
under Federal law, the Uniform Code of Military Justice, and
the District of Columbia Code, in accordance with section
210304 of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14132).''.
(b) Index To Facilitate Law Enforcement Exchange of DNA
Identification Information.--Section 210304 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14132) is amended--
(1) in subsection (a)(1), by striking ``persons convicted
of crimes'' and inserting ``individuals convicted of criminal
offenses or adjudicated delinquent for acts of juvenile
delinquency, including qualifying offenses (as defined in
subsection (d)(1))'';
(2) in subsection (a)(2), by striking ``and'';
(3) in subsection (a)(3), by striking the period and
inserting ``; and'';
(4) by adding at the end the following:
``(4) analyses of DNA samples voluntarily contributed from
relatives of missing persons.'';
(5) in subsection (b)(2), by striking ``, at regular
intervals of not to exceed 180 days,'' and inserting
``semiannual''; and
(6) by adding at the end the following:
``(d) Inclusion of DNA Information Relating to Felony Offenders.--
``(1) Definitions.--In this subsection--
``(A) the term `felony' means a criminal offense
punishable by a maximum term of imprisonment of more
than 1 year; and
``(B) the term `qualifying offense' means a
criminal offense or act of juvenile delinquency
included on the list established by the Director of the
Federal Bureau of Investigation under paragraph
(2)(A)(i).
``(2) Regulations.--
``(A) In general.--Not later than 90 days after the
date of enactment of this subsection, and at the
discretion of the Director thereafter, the Director of
the Federal Bureau of Investigation, in consultation
with the Director of the Bureau of Prisons, the
Director of the Court Services and Offender Supervision
Agency for the District of Columbia or the Trustee
appointed under section 11232(a) of the Balanced Budget
Act of 1997 (as appropriate), and the Chief of Police
of the Metropolitan Police Department of the District
of Columbia, shall by regulation establish--
``(i) a list of qualifying offenses; and
``(ii) standards and procedures for--
``(I) the analysis of DNA samples
collected from individuals convicted of
or adjudicated delinquent for a
qualifying offense;
``(II) the inclusion in the index
established by this section of the DNA
identification records and DNA analyses
relating to the DNA samples described
in subclause (I); and
``(III) the expungement of DNA
identification records and DNA analyses
described in subclause (II) from the
index established by this section in
any circumstance in which the
underlying conviction or adjudication
for the qualifying offense has been
reversed or expunged.
``(B) Offenses included.--The list established
under subparagraph (A)(i) shall include--
``(i) each criminal offense or act of
juvenile delinquency under Federal law that--
``(I) constitutes a felony; or
``(II) in the case of an act of
juvenile delinquency, would, if
committed by an adult, constitute a
felony; and
``(ii) each criminal offense under the
District of Columbia Code that would, if
committed in the special maritime and
territorial jurisdiction of the United States,
constitute a felony.
``(3) Federal offenders.--
``(A) Collection of samples from federal
prisoners.--
``(i) In general.--Beginning 180 days after
the date of enactment of this subsection, the
Director of the Bureau of Prisons shall collect
a DNA sample from each individual in the
custody of the Bureau of Prisons who has been
convicted of or adjudicated delinquent for a
qualifying offense.
``(ii) Time and manner.--The Director of
the Bureau of Prisons shall specify the time
and manner of collection of DNA samples under
this subparagraph.
``(B) Collection of samples from federal offenders
on supervised release, parole, or probation.--
``(i) In general.--Beginning 180 days after
the date of enactment of this subsection, the
agency responsible for the supervision under
Federal law of an individual on supervised
release, parole, or probation (other than an
individual described in paragraph (4)(B)(i))
shall collect a DNA sample from each individual
who has been convicted of or adjudicated
delinquent for a qualifying offense.
``(ii) Time and manner.--The Director of
the Administrative Office of the United States
Courts shall specify the time and manner of
collection of DNA samples under this
subparagraph.
``(4) District of columbia offenders.--
``(A) Offenders in custody of district of
columbia.--
``(i) In general.--The Government of the
District of Columbia may--
``(I) identify 1 or more categories
of individuals who are in the custody
of, or under supervision by, the
District of Columbia as a result of a
conviction of a qualifying offense,
from whom DNA samples should be
collected; and
``(II) collect a DNA sample from
each individual in any category
identified under clause (i).
``(ii) Definition.--In this subparagraph,
the term `individuals in the custody of, or
under supervision by, the District of
Columbia'--
``(I) includes any individual in
the custody of, or under supervision
by, any agency of the Government of the
District of Columbia; and
``(II) does not include an
individual who is under the supervision
of the Director of the Court Services
and Offender Supervision Agency for the
District of Columbia or the Trustee
appointed under section 11232(a) of the
Balanced Budget Act of 1997.
``(B) Offenders on supervised release, probation,
or parole.--
``(i) In general.--Beginning 180 days after
the date of enactment of this subsection, the
Director of the Court Services and Offender
Supervision Agency for the District of
Columbia, or the Trustee appointed under
section 11232(a) of the Balanced Budget Act of
1997, as appropriate, shall collect a DNA
sample from each individual under the
supervision of the Agency or Trustee,
respectively, who is on supervised release,
parole, or probation who has been convicted of
or adjudicated delinquent for a qualifying
offense.
``(ii) Time and manner.--The Director or
the Trustee, as appropriate, shall specify the
time and manner of collection of DNA samples
under this subparagraph.
``(5) Waiver; collection procedures.--Notwithstanding any
other provision of this subsection, a person or agency
responsible for the collection of DNA samples under this
subsection may--
``(A) waive the collection of a sample from an
individual under this subsection if another person or
agency has collected such a sample from the individual
under this subsection or subsection (e); and
``(B) use or authorize the use of such means as are
necessary to restrain and collect a DNA sample from an
individual who refuses to cooperate in the collection
of the sample.
``(e) Inclusion of DNA Information Relating to Felony Military
Offenders.--
``(1) In general.--Not later than 120 days after the date
of enactment of this subsection, the Secretary of Defense shall
prescribe regulations that--
``(A) specify categories of conduct punishable
under the Uniform Code of Military Justice (referred to
in this subsection as `qualifying military offenses')
that are comparable to qualifying offenses (as defined
in subsection (d)(1)); and
``(B) set forth standards and procedures for--
``(i) the analysis of DNA samples collected
from individuals convicted of a qualifying
military offense;
``(ii) the inclusion in the index
established by this section of the DNA
identification records and DNA analyses
relating to the DNA samples described in clause
(i); and
``(iii) the expungement of DNA
identification records and DNA analyses
described in clause (ii) from the index
established by this section in any circumstance
in which the underlying conviction for the
qualifying military offense has been reversed
or the underlying record has been expunged for
any other reason.
``(2) Collection of samples.--
``(A) In general.--Beginning 180 days after the
date of enactment of this subsection, the Secretary of
Defense shall collect a DNA sample from each individual
under the jurisdiction of the Secretary of a military
department who has been convicted of a qualifying
military offense.
``(B) Time and manner.--The Secretary of Defense
shall specify the time and manner of collection of DNA
samples under this paragraph.
``(3) Waiver; collection procedures.--Notwithstanding any
other provision of this subsection, the Secretary of Defense
may--
``(A) waive the collection of a sample from an
individual under this subsection if another person or
agency has collected such a sample from the individual
under subsection (d); and
``(B) use or authorize the use of such means as are
necessary to restrain and collect a DNA sample from an
individual who refuses to cooperate in the collection
of the sample.
``(f) Criminal Penalty.--
``(1) In general.--An individual from whom the collection
of a DNA sample is required under subsection (d) who fails to
cooperate in the collection of that sample shall be--
``(A) guilty of a class A misdemeanor; and
``(B) punished in accordance with title 18, United
States Code.
``(2) Military offenders.--An individual from whom the
collection of a DNA sample is required under subsection (e) who
fails to cooperate in the collection of that sample may be
punished as a court martial may direct as a violation of the
Uniform Code of Military Justice.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) to the Department of Justice to carry out subsection
(d) of this section (including to reimburse the Federal
judiciary for any reasonable costs incurred in implementing
such subsection, as determined by the Attorney General) and
section 3(d) of the National DNA Convicted Offender and
Casework Backlog Reduction Act of 1999--
``(A) $6,600,000 for fiscal year 2000; and
``(B) such sums as may be necessary for each of
fiscal years 2001 through 2004;
``(2) to the Court Services and Offender Supervision Agency
for the District of Columbia or the Trustee appointed under
section 11232(a) of the Balanced Budget Act of 1997 (as
appropriate), such sums as may be necessary for each of fiscal
years 2000 through 2004; and
``(3) to the Department of Defense to carry out subsection
(e)--
``(A) $600,000 for fiscal year 2000; and
``(B) $300,000 for each of fiscal years 2001
through 2004.''.
(c) Conditions of Release.--
(1) Conditions of probation.--Section 3563(a) of title 18,
United States Code, is amended--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (8) the following:
``(9) that the defendant cooperate in the collection of a
DNA sample from the defendant if the collection of such a
sample is required pursuant to section 210304 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14132).''.
(2) Conditions of supervised release.--Section 3583(d) of
title 18, United States Code, is amended by inserting before
``The court shall also order'' the following: ``The court shall
order, as an explicit condition of supervised release, that the
defendant cooperate in the collection of a DNA sample from the
defendant, if the collection of such a sample is required
pursuant to section 210304 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14132).''.
(3) Conditions of release generally.--If the collection of
a DNA sample from an individual on probation, parole, or
supervised release (including an individual on parole pursuant
to chapter 311 of title 18, United States Code, as in effect on
October 30, 1997) is required pursuant to section 210304 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14132), and the sample has not otherwise been collected,
the individual shall cooperate in the collection of a DNA
sample as a condition of that probation, parole, or supervised
release.
(d) Report and Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, acting through the
Assistant Attorney General for the Office of Justice Programs of the
Department of Justice and the Director of the Federal Bureau of
Investigation, shall--
(1) conduct an evaluation to--
(A) identify criminal offenses, including offenses
other than qualifying offenses (as defined in section
210304(d)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14132(d)(1)), as
added by this section) that, if serving as a basis for
the mandatory collection of a DNA sample under section
210304 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14132) or under State law, are
likely to yield DNA matches, and the relative degree of
such likelihood with respect to each such offense; and
(B) determine the number of investigations aided
(including the number of suspects cleared), and the
rates of prosecution and conviction of suspects
identified through DNA matching; and
(2) submit to Congress a report describing the results of
the evaluation under paragraph (1).
(e) Technical and Conforming Amendments.--
(1) Drug control and system improvement grants.--Section
503(a)(12)(C) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by
striking ``, at regular intervals of not to exceed 180 days,''
and inserting ``semiannual''.
(2) DNA identification grants.--Section 2403(3) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796kk-2(3)) is amended by striking ``, at regular
intervals not exceeding 180 days,'' and inserting
``semiannual''.
(3) Federal bureau of investigation.--Section
210305(a)(1)(A) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is amended
by striking ``, at regular intervals of not to exceed 180
days,'' and inserting ``semiannual''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9466-9469)
Read twice and referred to the Committee on the Judiciary.
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