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 for minimum DNA collection process

Subject to subparagraph (B), in the case of a State that receives funds for a fiscal year (beginning with fiscal year 2011) under this subpart and has implemented a minimum 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 5 percent. (B)

Bonus for enhanced DNA collection process

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. (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 the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation is searched at least one time against 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. (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)

Reports

The Attorney General shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate an annual report (which shall be made publicly available) that— (A)lists the States, for the year involved— (i)which have (and those States which have not) implemented a minimum DNA collection process and use such process; and (ii)which have (and those States which have not) implemented an enhanced DNA collection process and use such process; (B)describes the increases granted to States under paragraph (1) for the year involved and the amounts that States not receiving an increase under such paragraph would have received if such States had a minimum or enhanced DNA collection process; and (C)includes statistics, with respect to the year involved, regarding the benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes, including the number of matches made due to the inclusion of arrestee profiles under such a process. (5)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection for each of the fiscal years 2011 through 2015, in addition to funds made available under section 508, such sums as may be necessary, but not to exceed the amount that is 10 percent of the total amount appropriated pursuant to such section for such fiscal year.