§ 40702. Collection and use of DNA identification information from certain Federal offenders

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Pub. L. 106–546 § 3 · 114 Stat. 2726

   Enacted · 34 U.S.C. § 40702

   Pub. L. 106–546, § 3, Dec. 19, 2000, 114 Stat. 2728

   Source evidence

   Code source credit
   Pub. L. 106–546, § 3, Dec. 19, 2000, 114 Stat. 2728

   Enacted provision · exact public law section
   SEC. 3. COLLECTION AND USE OF DNA IDENTIFICATION INFORMATION FROM CERTAIN FEDERAL OFFENDERS. (a) Collection of DNA Samples.— (1) From individuals in custody.— The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under section 1565 of title 10, United States Code. (2) From individuals on release, parole, or probation.— The probation office responsible for the supervision under Federal law of an individual on probation, parole, or supervised release shall collect a DNA sample from each such individual who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under section 1565 of title 10, United States Code. (3) Individuals already in codis.— For each individual described in paragraph (1) or (2), if the Combined DNA Index System (in this section referred to as “CODIS”) of the Federal Bureau of Investigation contains a DNA analysis with respect to that individual, or if a DNA sample has been collected from that individual under section 1565 of title 10, United States Code, the Director of the Bureau of Prisons or the probation office responsible (as applicable) may (but need not) collect a DNA sample from that individual. (4) Collection procedures.— (A) The Director of the Bureau of Prisons or the probation office responsible (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample. (B) The Director of the Bureau of Prisons or the probation office, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2). (5) Criminal penalty.— An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the collection of that sample shall be— (A) guilty of a class A misdemeanor; and (B) punished in accordance with title 18, United States Code. (b) Analysis and Use of Samples.— The Director of the Bureau of Prisons or the probation office responsible (as applicable) shall furnish each DNA sample collected under subsection (a) to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample and include the results in CODIS. (c) Definitions.— In this section: (1) The term “DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. (2) The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample. (d) Qualifying Federal Offenses.— (1) The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses under title 18, United States Code, as determined by the Attorney General: (A) Murder (as described in section 1111 of such title), voluntary manslaughter (as described in section 1112 of such title), or other offense relating to homicide (as described in chapter 51 of such title, sections 1113, 1114, 1116, 1118, 1119, 1120, and 1121). (B) An offense relating to sexual abuse (as described in chapter 109A of such title, sections 2241 through 2245), to sexual exploitation or other abuse of children (as described in chapter 110 of such title, sections 2251 through 2252), or to transportation for illegal sexual activity (as described in chapter 117 of such title, sections 2421, 2422, 2423, and 2425). (C) An offense relating to peonage and slavery (as described in chapter 77 of such title). (D) Kidnapping (as defined in section 3559(c)(2)(E) of such title). (E) An offense involving robbery or burglary (as described in chapter 103 of such title, sections 2111 through 2114, 2116, and 2118 through 2119). (F) Any violation of section 1153 involving murder, manslaughter, kidnapping, maiming, a felony offense relating to sexual abuse (as described in chapter 109A), incest, arson, burglary, or robbery. (G) Any attempt or conspiracy to commit any of the above offenses. (2) The initial determination of qualifying Federal offenses shall be made not later than 120 days after the date of the enactment of this Act. (e) Regulations.— (1) In general.— Except as provided in paragraph (2), this section shall be carried out under regulations prescribed by the Attorney General. (2) Probation officers.— The Director of the Administrative Office of the United States Courts shall make available model procedures for the activities of probation officers in carrying out this section. (f) Commencement of Collection.— Collection of DNA samples under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after the date of the enactment of this Act.

2. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 title V § 503 · 115 Stat. 272

   Amended · 34 U.S.C. § 40702(d)(2)

   Pub. L. 107–56 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The initial determination of qualifying Federal offenses shall be made not later than 120 days after December 19, 2000.”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 107–56 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The initial determination of qualifying Federal offenses shall be made not later than 120 days after December 19, 2000.”

   Enacted provision · exact public law section
   SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS. Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as follows: “(2) In addition to the offenses described in paragraph (1), the following offenses shall be treated for purposes of this section as qualifying Federal offenses, as determined by the Attorney General: “(A) Any offense listed in section 2332b(g)(5)(B) of title 18, United States Code. “(B) Any crime of violence (as defined in section 16 of title 18, United States Code). “(C) Any attempt or conspiracy to commit any of the above offenses.”.

3. 2004

   Debbie Smith Act of 2004

   Pub. L. 108–405 title II § 203(b) · 118 Stat. 2260

   1. Amended · 34 U.S.C. § 40702(d)

      Pub. L. 108–405 reenacted heading without change and amended text generally

   2. Substituted · 34 U.S.C. § 40702(d)

      Pub. L. 108–405 reenacted heading without change and substituting pars. (1) to (4) for former pars. (1) and (2) with multiple subpars. listing specific offenses

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–405 reenacted heading without change and amended text generally, substituting pars. (1) to (4) for former pars. (1) and (2) with multiple subpars. listing specific offenses.

   Enacted provision · exact public law section
   (b) Felons Convicted of Federal Crimes.— Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is amended to read as follows: “(d) Qualifying Federal Offenses.— The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: “(1) Any felony. “(2) Any offense under chapter 109A of title 18, United States Code. “(3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code). “(4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).” .

4. 2006

   DNA Fingerprint Act of 2005

   Pub. L. 109–162 § 1004(a)(1) · 119 Stat. 2960

   1. Added · 34 U.S.C. § 40702(a)(1)

      Pub. L. 109–162, § 1004(a)(1), added subpar. (A)

   2. Amended · 34 U.S.C. § 40702(a)(1)

      Pub. L. 109–162, § 1004(a)(1), designated existing provisions as subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–162, § 1004(a)(1), added subpar. (A) and designated existing provisions as subpar. (B).

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) in paragraph (1), by striking “The Director” and inserting the following: “(A) Regulations. The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested or from non-United States persons who are detained under the authority of the United States. The Attorney General may delegate this function within the Department of Justice as provided in section 510 of title 28, United States Code, and may also authorize and direct any other agency of the United States that arrests or detains individuals or supervises individuals facing charges to carry out any function and exercise any power of the Attorney General under this section. “(B) The Director” ; and (B) in paragraphs (3) and (4), by striking “Director of the Bureau of Prisons” each place it appears and inserting “Attorney General, the Director of the Bureau of Prisons,”; and

5. 2006

   DNA Fingerprint Act of 2005

   Pub. L. 109–162 § 1004(a)(1)(B) · 119 Stat. 2960

   Substituted · 34 U.S.C. § 40702(a)(3); 34 U.S.C. § 40702(a)(4)

   Pub. L. 109–162, § 1004(a)(1)(B), substituted “Attorney General, the Director of the Bureau of Prisons,” for “Director of the Bureau of Prisons” in par. (3) and subpars. (A) and (B) of par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(3), (4). Pub. L. 109–162, § 1004(a)(1)(B), substituted “Attorney General, the Director of the Bureau of Prisons,” for “Director of the Bureau of Prisons” in par. (3) and subpars. (A) and (B) of par. (4).

   Enacted provision · exact public law section
   (B) in paragraphs (3) and (4), by striking “Director of the Bureau of Prisons” each place it appears and inserting “Attorney General, the Director of the Bureau of Prisons,”; and

6. 2006

   DNA Fingerprint Act of 2005

   Pub. L. 109–162 § 1004(a)(2) · 119 Stat. 2960

   Substituted · 34 U.S.C. § 40702(b)

   Pub. L. 109–162, § 1004(a)(2), substituted “Attorney General, the Director of the Bureau of Prisons,” for “Director of the Bureau of Prisons”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–162, § 1004(a)(2), substituted “Attorney General, the Director of the Bureau of Prisons,” for “Director of the Bureau of Prisons”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “Director of the Bureau of Prisons” and inserting “Attorney General, the Director of the Bureau of Prisons,”.

7. 2006

   Sex Offender Registration and Notification Act

   Pub. L. 109–248 title I § 155 · 120 Stat. 587

   Substituted · 34 U.S.C. § 40702(a)(1)(A)

   Pub. L. 109–248 substituted “arrested, facing charges, or convicted” for “arrested”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 109–248 substituted “arrested, facing charges, or convicted” for “arrested”.

   Enacted provision · exact public law section
   SEC. 155. DNA FINGERPRINTING.   The first sentence of section 3(a)(1)(A) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(a)(1)(A)) is amended by striking “arrested” and inserting “arrested, facing charges, or convicted”.

8. 2017

   Rapid DNA Act of 2017

   Pub. L. 115–50 § 3(a)(1) · 131 Stat. 1001

   Inserted · 34 U.S.C. § 40702(b)

   Pub. L. 115–50, § 3(a)(1), inserted at end “The Director of the Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–50, § 3(a)(1), inserted at end “The Director of the Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.”

   Enacted provision · exact public law section
   (1) in subsection (b), by adding at the end the following: “The Director of the Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.”; and

9. 2017

   Rapid DNA Act of 2017

   Pub. L. 115–50 § 3(a)(2) · 131 Stat. 1001

   Added · 34 U.S.C. § 40702(c)(3)

   Pub. L. 115–50, § 3(a)(2), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 115–50, § 3(a)(2), added par. (3).

   Enacted provision · exact public law section
   (2) in subsection (c), by adding at the end the following: “(3) The term ‘Rapid DNA instruments’ means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample.” .

11 of 11 references resolved to an enrolled provision