1.This Act may be cited as the
Katie Sepich Enhanced DNA Collection
Act of 2011
.
2.For purposes of this Act:
(1)Minimum dna collection
processThe 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
processThe 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)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.Incentive payments for States to implement
minimum and enhanced DNA collection processes
(a)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)
(1)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)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)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.
4.Bonus payments for States which have
implemented an enhanced dna collection processIn 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.
5.Conditions of receiving incentive and bonus
paymentsAs 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 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.
6.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.
7.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.
8.Authorization of
appropriationsThere 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.