I 112th CONGRESS 2d Session H. R. 6014 IN THE HOUSE OF REPRESENTATIVES June 21, 2012 Mr. Schiff (for himself, Mr. Tipton, Mr. Reichert, Mr. Luján, 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.

1.

Short title

This Act may be cited as the Katie Sepich Enhanced DNA Collection Act of 2012.

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.

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.

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.

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.

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. .