[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6014 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6014
To authorize the Attorney General to award grants for States to
implement minimum and enhanced DNA collection processes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2012
Mr. Schiff (for himself, Mr. Tipton, Mr. Reichert, Mr. Lujan, Mr.
Pearce, and Mr. Heinrich) introduced the following bill; which was
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 2012''.
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 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 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. GRANTS TO STATES TO IMPLEMENT MINIMUM AND ENHANCED DNA
COLLECTION PROCESSES.
(a) Grants Authorized.--The Attorney General shall, subject to
amounts made available pursuant to section 6, carry out a grant program
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 statutory
authorization for the implementation of either a minimum or
enhanced DNA collection process.
(2) Non-supplanting funds.--An application submitted under
paragraph (1) by a State shall include assurances that the
amounts received under the grant under this section shall be
used to supplement, not supplant, State funds that would
otherwise be available for the purpose described in subsection
(a).
(3) Other requirements.--The Attorney General shall require
a State seeking a grant under this section to document how such
State will use the grant to meet expenses associated with a
State's implementation or planned implementation of a minimum
or enhanced DNA collection process.
(c) Grant Allocation.--
(1) In general.--The amount available to a State under this
section shall be based on the projected costs that will be
incurred by the State to implement a minimum or enhanced DNA
collection process. Subject to paragraph (2), the Attorney
General shall retain discretion to determine the amount of each
such grant awarded to an eligible State.
(2) Maximum grant allocation.--
(A) States meeting minimum dna collection
process.--In the case of a State seeking a grant under
this section with respect to the implementation of a
minimum DNA collection process, such State shall be
eligible for a grant under this section that is equal
to no more than 50 percent of the first year costs to
the State of implementing such process.
(B) States meeting enhanced dna collection
process.--In the case of a State seeking a grant under
this section with respect to the implementation of an
enhanced DNA collection process, such State shall be
eligible for a grant under this section that is equal
to no more than 100 percent of the first year costs to
the State of implementing such process.
(d) Grant Conditions.--As a condition of receiving a grant under
this section, 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 Web site; 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. 4. 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. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act up to
$10,000,000 for each of fiscal years 2013 through 2015, to be derived
from amounts appropriated pursuant to subsection (j) of section 2 of
the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) in
each such fiscal year for grants under such section.
SEC. 6. CONFORMING AMENDMENT TO THE DEBBIE SMITH DNA BACKLOG GRANT
PROGRAM.
Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)) is amended by adding at the end the following new
paragraph:
``(6) To make awards under the Katie Sepich Enhanced DNA
Collection Act of 2012.''.
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