[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 903 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 903

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 1999

 Mr. Kohl (for himself and Mr. DeWine) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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--
            (1) require that 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; and
            (2) require that 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) if personally identifiable information is 
                removed, for a population statistics database, for 
                identification research and protocol development 
                purposes, or for quality control purposes.
    (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 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 (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 `crime of violence' has the meaning 
                given such term in section 924(c)(3) of title 18, 
                United States Code; 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 crime of 
                                violence; or
                                    ``(II) in the case of an act of 
                                juvenile delinquency, would, if 
                                committed by an adult, constitute a 
                                crime of violence;
                            ``(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 crime of violence; and
                            ``(iii) any other felony offense under 
                        Federal law or the District of Columbia Code, 
                        as determined by the Director of the Federal 
                        Bureau of Investigation.
            ``(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, 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 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 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 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 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''.
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