[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2810 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2810

     To facilitate the exchange by law enforcement agencies of DNA 
identification information relating to violent offenders, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 1999

     Mr. Kennedy of Rhode Island (for himself, Mr. Chabot, and Mr. 
  Visclosky) introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Armed 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To facilitate the exchange by law enforcement agencies of DNA 
identification information relating to violent 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.

    This Act may be cited as the ``Violent Offender DNA Identification 
Act of 1999''.

SEC. 2. 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, in coordination with the Assistant Attorney 
        General of the Office of Justice Programs at the Department of 
        Justice, and after consultation with representatives of State 
        and local forensic laboratories, shall develop a voluntary plan 
        to assist State and local forensic laboratories in performing 
        DNA analyses of DNA samples collected from convicted offenders.
            (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 their entry into the 
        Combined DNA Indexing System (CODIS).
    (b) Plan Conditions.--The plan developed under subsection (a) shall 
require that--
            (1) each laboratory performing DNA analyses satisfy quality 
        assurance standards and utilize state-of-the-art testing 
        methods, as set forth by the Director of the Federal Bureau of 
        Investigation, in coordination with the Assistant Attorney 
        General of the Office of Justice Programs of the Department of 
        Justice;
            (2) each DNA sample collected and analyzed 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; and
            (3) as a condition of receiving any funds under this 
        section, a State in which a participating forensic laboratory 
        is located must provide for automatic removal of DNA analysis 
        records when the underlying conviction for the qualifying 
        offense is vitiated or expunged by appeal or otherwise.
    (c) Implementation of Plan.--Subject to the availability of 
appropriations under subsection (d), the Director of the Federal Bureau 
of Investigation, in coordination with the Assistant Attorney General 
of the Office of Justice Programs at the Department of Justice, shall 
implement the plan developed pursuant to subsection (a) with State and 
local forensic laboratories that elect to participate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section 
$15,000,000 for each of fiscal years 2000 and 2001.

SEC. 3. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF COLUMBIA, AND 
              MILITARY VIOLENT 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 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, including qualifying offenses (as defined in 
        subsection (d)(1))'';
            (2) in subsection (b)(2), by striking ``, at regular 
        intervals of not to exceed 180 days,'' and inserting 
        ``semiannual''; and
            (3) by adding at the end the following:
    ``(d) Inclusion of DNA Information Relating to Violent Offenders.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `serious violent felony' has the 
                meaning given such term in section 3559(c)(1)(F) of 
                title 18, United States Code and also includes offenses 
                under section 2123(a), 2251, or 2251A of such title;
                    ``(B) the term `burglary' means an offense under 
                chapter 103 of title 18, United States Code, or any 
State offense in the nature of burglary; and
                    ``(C) the term `qualifying offense' means a 
                criminal offense 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 
                                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 automatic removal 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 for the 
                                qualifying offense is vitiated or 
                                expunged by appeal or otherwise.
                    ``(B) Offenses included.--The list established 
                under subparagraph (A)(i) shall include--
                            ``(i) each criminal offense under Federal 
                        law that constitutes a serious violent felony 
                        or burglary; 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 serious violent felony or 
                        burglary.
            ``(3) Federal offenders.--
                    ``(A) Collection of samples from federal 
                prisoners.--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 a qualifying offense.
                    ``(B) Collection of samples from federal offenders 
                on supervised release, parole, or probation.--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 a 
                qualifying offense.
            ``(4) District of columbia offenders.--
                    ``(A) Offenders in custody of district of 
                columbia.--
                            ``(i) In general.--The Government of the 
                        District of Columbia may collect a DNA sample 
                        from each individual in the custody of the 
                        District of Columbia as a result of a 
                        conviction for a qualifying offense.
                            ``(ii) Automatic removal.--The DNA 
                        identification records described in clause (i) 
                        shall be automatically removed when the 
                        underlying conviction for the qualifying 
                        offense is vitiated or expunged by appeal or 
                        otherwise.
                            ``(iii) Definition.--In this subparagraph, 
                        the term `individual in the custody of 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.--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 a 
                qualifying offense.
            ``(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 Violent 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 automatic removal 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 is vitiated or 
                        expunged by appeal or otherwise.
            ``(2) Collection of samples.--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.
            ``(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 Violent Offender DNA Identification 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 one 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>