I 111th CONGRESS 2d Session H. R. 6011 IN THE HOUSE OF REPRESENTATIVES July 30, 2010 Mr. Schiff introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to design and implement a procedure to permit enhanced searches of the National DNA Index System.

1.

Short title

This Act may be cited as the Utilizing DNA Technology to Solve Cold Cases Act of 2010.

2.

Enhanced searches

(a)

Familial searches

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Attorney General shall adopt policies and procedures in accordance with this section to ensure that— (A)the Federal Bureau of Investigation may conduct familial searches for DNA samples collected from crime scenes in Federal investigations; (B)a State law enforcement agency may request that the Federal Bureau of Investigation conduct familial searches for DNA samples collected from crime scenes in State investigations; and (C)the privacy interests of persons identified in familial searches are carefully protected. (2)

Search requirements

Familial searches conducted by the Federal Bureau of Investigation under this section shall be conducted only under the following circumstances: (A)No identical match for the DNA sample collected from a crime scene can be identified in the offender index. (B)The investigation for which DNA samples are collected at a crime scene involves one or more of the following offenses under Federal or State law: (i)An offense of murder, voluntary manslaughter, or any attempt to commit murder or voluntary manslaughter. (ii)A specified offense against a minor (as such term is 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 a specified offense. (iii)An offense or attempt to commit an offense that— (I)involves a sexual act or sexual contact with another; and (II)is punishable by imprisonment for more than one year. (3)

Requesting State law enforcement agency

A State law enforcement agency making a request for a familial search under this section shall— (A)before making such request, have in place a written policy that— (i)establishes the criteria and procedures for requesting a familial search and for evaluating a familial match; and (ii)is consistent with any regulations issued by the Attorney General pursuant to this section; and (B)each time a familial search request is made, make such policy available to the Attorney General. (4)

Reporting of matches

Any familial match resulting from a request for a familial search that complies with the requirements of this section shall be reported to a laboratory authorized as a Combined DNA Index System laboratory in the jurisdiction of the State law enforcement agency requesting information related to such match. (b)

Report

Not later than one year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall submit to the chair and ranking member of the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on compliance with this section. Each such report shall contain the following information: (1)The number of familial searches requested by State law enforcement agencies. (2)The number of familial searches conducted under this section. (3)The number of familial matches found as a result of such searches. (4)The status of any case in which such a familial match was found. (c)

Regulations

Not later than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out this section. (d)

Definitions

In this section: (1)The term familial search means a search of the offender index in which a DNA sample from an unknown source collected from a crime scene is compared to such offender index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene. (2)The term familial match means— (A)a match of at least 1 shared allele at 15 loci between a DNA profile in the offender index and a DNA sample collected at a crime scene; or (B)any other genetic association the Attorney General determines is sufficient to constitute such a match. (3)The term offender index means the database containing information on individuals convicted of sex offenses and other violent crimes in the National DNA Index System established under section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322, 108 Stat. 1796). (4)The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.