34 U.S.C. § 40703 — Collection and use of DNA identification information from certain District of Columbia offenders

FEDERAL · 34 U.S.C. · Chapter SUBCHAPTER I—COLLECTION AND ANALYSIS OF SAMPLES

Collection and use of DNA identification information from certain District of Columbia offenders

34 U.S.C. § 40703

Title34 — Crime Control and Law Enforcement

ChapterSUBCHAPTER I—COLLECTION AND ANALYSIS OF SAMPLES

This text of 34 U.S.C. § 40703 (Collection and use of DNA identification information from certain District of Columbia offenders) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

34 U.S.C. § 40703.

Text

(a)Collection of DNA samples 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 District of Columbia offense (as determined under subsection (d)). The Director of the Court Services and Offender Supervision Agency for the District of Columbia shall collect a DNA sample from each individual under the supervision of the Agency who is on supervised release, parole, or probation who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)). 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 an

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(a) Collection of DNA samples
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 District of Columbia offense (as determined under subsection (d)).
The Director of the Court Services and Offender Supervision Agency for the District of Columbia shall collect a DNA sample from each individual under the supervision of the Agency who is on supervised release, parole, or probation who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)).
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, the Director of the Bureau of Prisons or Agency (as applicable) may (but need not) collect a DNA sample from that individual.
(A) The Director of the Bureau of Prisons or Agency (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 Agency, 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).
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.
(b) Analysis and use of samples
The Director of the Bureau of Prisons or Agency (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. 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.
(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.
(3) The term "Rapid DNA instruments" means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample.
(d) Qualifying District of Columbia offenses
The government of the District of Columbia may determine those offenses under the District of Columbia Code that shall be treated for purposes of this section as qualifying District of Columbia offenses.
(e) 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 December 19, 2000.
(f) Authorization of appropriations
There are authorized to be appropriated to the Court Services and Offender Supervision Agency for the District of Columbia to carry out this section such sums as may be necessary for each of fiscal years 2001 through 2005.

Source Credit

History

(Pub. L. 106–546, §4, Dec. 19, 2000, 114 Stat. 2730; Pub. L. 115–50, §3(b), Aug. 18, 2017, 131 Stat. 1002.)

Editorial Notes

Editorial Notes

Codification
Section was formerly classified to section 14135b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments
2017—Subsec. (b). Pub. L. 115–50, §3(b)(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."
Subsec. (c)(3). Pub. L. 115–50, §3(b)(2), added par. (3).

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Bluebook (online)

34 U.S.C. § 40703, Counsel Stack Legal Research, https://law.counselstack.com/usc/34/40703.