[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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