[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.''.
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