[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1606 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1606

To establish an opt-out system for expungement of DNA profiles from the 
national index and to authorize collection of DNA samples from persons 
             arrested or detained under Federal authority.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2005

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

_______________________________________________________________________

                                 A BILL


 
To establish an opt-out system for expungement of DNA profiles from the 
national index and to authorize collection of DNA samples from persons 
             arrested or detained under Federal authority.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DNA Fingerprint Act of 2005''.

SEC. 2. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM NATIONAL DNA 
              INDEX.

    Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 
14132) is amended--
            (1) in subsection (a)(1)(C), by striking ``, provided'' and 
        all that follows through ``System'';
            (2) in subsection (d)(2)(A)(ii), by striking ``all charges 
        for'' and all that follows, and inserting the following: ``the 
        responsible agency or official of that State receives, for each 
        charge against the person on the basis of which the analysis 
        was or could have been included in the index, a certified copy 
        of a final court order establishing that such charge has been 
        dismissed or resulted in an acquittal.''; and
            (3) by striking subsection (e).

SEC. 3. EXPANDED USE OF CODIS GRANTS.

    Section 2(a)(1) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(a)(1)) is amended by striking ``taken from individuals 
convicted of a qualifying State offense (as determined under subsection 
(b)(3))'' and inserting ``collected under applicable legal authority''.

SEC. 4. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION FROM PERSONS 
              ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY.

    (a) In General.--Section 3 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``The Director'' 
                and inserting the following:
                    ``(A) The Attorney General may, as prescribed by 
                the Attorney General in regulation, collect DNA samples 
                from individuals who are arrested or detained under the 
                authority of the United States. The Attorney General 
                may delegate this function within the Department of 
                Justice as provided in section 510 of title 28, United 
                States Code, and may also authorize and direct any 
                other agency of the United States that arrests or 
                detains individuals or supervises individuals facing 
                charges to carry out any function and exercise any 
                power of the Attorney General under this section.
                    ``(B) The Director''; and
                    (B) in paragraphs (3) and (4), by striking 
                ``Director of the Bureau of Prisons'' each place it 
                appears and inserting ``Attorney General, the Director 
                of the Bureau of Prisons,''; and
            (2) in subsection (b), by striking ``Director of the Bureau 
        of Prisons'' and inserting ``Attorney General, the Director of 
        the Bureau of Prisons,''.
    (b) Conforming Amendments.--Subsections (b) and (c)(1)(A) of 
section 3142 of title 18, United States Code, are each amended by 
inserting ``and subject to the condition that the person cooperate in 
the collection of a DNA sample from the person if the collection of 
such a sample is authorized pursuant to section 3 of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135a)'' after ``period of 
release''.

SEC. 5. TOLLING OF STATUTE OF LIMITATIONS FOR SEXUAL-ABUSE OFFENSES.

    Section 3297 of title 18, United States Code, is amended by 
striking ``except for a felony offense under chapter 109A,''.
                                 <all>