Katie Sepich Enhanced DNA Collection Act of 2010 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase payments to states under the Edward Byrne Memorial Justice Assistance Grant program for implementing a minimum or an enhanced DNA collection process. Increases such payments by 5% for states that implement a minimum DNA collection process and by 10% for states that implement an enhanced DNA process.
Defines "minimum DNA collection process" as a process under which the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation (FBI) is searched at least one time against samples of individuals who are at least 18 years of age and who are arrested for, charged with, or indicted for crimes involving murder, manslaughter, sexual assaults, and kidnapping or abduction.
Defines "enhanced DNA collection process" as a process under which states provide for the collection, for purposes of inclusion in CODIS, of DNA samples from individuals who are at least 18 years of age and who are arrested or charged with crimes involving murder, manslaughter, sexual assault, certain sexual offenses involving a minor, burglary, and aggravated assault.
Directs the Attorney General to submit to the Judiciary Committees of Congress an annual report: (1) listing states which have (and which have not) implemented a minimum or enhanced DNA collection process and which use such processes; (2) describing the increases in grant payments to states; and (3) including statistics on benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes.
Authorizes appropriations for FY2011-FY2015.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4614 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4614
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2010
Mr. Teague (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.
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 ``Katie Sepich Enhanced DNA Collection
Act of 2010''.
SEC. 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Mr. Johnson (GA) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3502-3505)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4614.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3512-3513)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 357 - 32 (Roll no. 274).(text: CR H3502-3503)
Roll Call #274 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 357 - 32 (Roll no. 274). (text: CR H3502-3503)
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Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.