[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3805 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3805

    To authorize the Attorney General to award grants for States to 
        implement minimum and enhanced DNA collection processes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2010

 Mr. Bingaman (for himself, Mr. Udall of New Mexico, Mr. Schumer, and 
  Mr. Bennet) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To authorize the Attorney General to award grants 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. DEFINITIONS.

    For purposes of this Act:
            (1) 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 1 time 
        against samples from the following individuals who are at least 
        18 years of age:
                    (A) Individuals who are arrested for or charged 
                with a criminal offense under State law that consists 
                of murder or voluntary manslaughter.
                    (B) 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 5 years.
                    (C) Individuals who are arrested for or charged 
                with a criminal offense under State law that has an 
                element of kidnapping or abduction and that is 
                punishable by imprisonment for more than 5 years.
            (2) 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:
                    (A) Individuals who are arrested for or charged 
                with a criminal offense under State law that consists 
                of murder or voluntary manslaughter.
                    (B) 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.
                    (C) Individuals who are arrested for or charged 
                with a criminal offense under State law that has an 
                element of kidnapping or abduction and that is 
                punishable by imprisonment for more than 1 year.
                    (D) Individuals who are arrested for or charged 
                with a criminal offense under State law that consists 
                of burglary punishable by imprisonment for more than 1 
                year.
                    (E) Individuals who are arrested for or charged 
                with a criminal offense under State law that consists 
                of aggravated assault punishable by imprisonment for 
                more than 1 year.
            (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 3. INCENTIVE PAYMENTS FOR STATES TO IMPLEMENT MINIMUM AND ENHANCED 
              DNA COLLECTION PROCESSES.

    (a) Grants Authorized.--The Attorney General shall carry out a 
grant program under which the Attorney General may make grants to 
States for the purpose of assisting States with the costs associated 
with the implementation of minimum or enhanced DNA collection 
processes.
    (b) Applications.--
            (1) In general.--To be eligible to receive a grant under 
        this section, in addition to any other requirements specified 
        by the Attorney General, a State shall submit to the Attorney 
        General an application that demonstrates that it has instituted 
        policies, protocols, or regulations requiring the 
        implementation of either a minimum or enhanced DNA collection 
        process.
            (2) Other requirements.--The Attorney General may require a 
        State desiring a grant under this section to document, for 
        review by the Attorney General, the first year expenses 
        associated with a State's implementation or planned 
        implementation of a minimum or enhanced DNA collection process.
    (c) Grant Allocation.--The amount available to a State under this 
section shall be equivalent to the first-year costs to that State of 
implementing a minimum or enhanced DNA collection process. The Attorney 
General retains discretion to determine the amount of each such grant 
awarded to an eligible State.

SEC. 4. BONUS PAYMENTS FOR STATES WHICH HAVE IMPLEMENTED AN ENHANCED 
              DNA COLLECTION PROCESS.

    In the case of a State that has implemented an enhanced DNA 
collection process and uses such process for a fiscal year, the State 
shall be eligible to receive a bonus payment equivalent to the amount 
available to such State under section 3.

SEC. 5. CONDITIONS OF RECEIVING INCENTIVE AND BONUS PAYMENTS.

    As a condition of receiving an incentive grant or bonus payment 
under sections 3 or 4, a State shall have a procedure in place to--
            (1) provide written notification of expungement provisions 
        and instructions for requesting expungement to all persons who 
        submit a DNA sample for inclusion in the index;
            (2) provide the eligibility criteria for expungement and 
        instructions for requesting expungement on an appropriate 
        public website; and
            (3) make a determination on all expungement requests not 
        later than 90 days after receipt and provide a written response 
        of the determination to the requesting party.

SEC. 6. 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 Act for purposes of inclusion in the 
Combined DNA Index System (CODIS) of the Federal Bureau of 
Investigation.

SEC. 7. 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--
            (1) lists the States, for the year involved--
                    (A) which have (and those States which have not) 
                implemented a minimum DNA collection process and use 
                such process; and
                    (B) which have (and those States which have not) 
                implemented an enhanced DNA collection process and use 
                such process; and
            (2) 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.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act for each of the fiscal years 2012 
through 2016.
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