II 109th CONGRESS 1st Session S. 1606 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.

1.

Short title

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

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).

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.

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.

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,.