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[112th Congress Public Law 253]
[From the U.S. Government Printing Office]

[[Page 126 STAT. 2407]]

Public Law 112-253
112th Congress

                                 An Act

 
    To authorize the Attorney General to award grants for States to 
     implement DNA arrestee collection processes. <<NOTE: Jan. 10, 
                         2013 -  [H.R. 6014]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Katie Sepich 
Enhanced DNA Collection Act of 2012.>> 
SECTION 1. <<NOTE: 42 USC 13701 note.>> SHORT TITLE.

    This Act may be cited as the ``Katie Sepich Enhanced DNA Collection 
Act of 2012''.
SEC. 2. <<NOTE: 42 USC 14137.>> DEFINITIONS.

    For purposes of this Act:
            (1) DNA arrestee collection process.--The term ``DNA 
        arrestee collection process'' means, with respect to a State, a 
        process under which the State provides for the collection, for 
        purposes of inclusion in the index described in section 
        210304(a) of the DNA Identification Act of 1994 (42 U.S.C. 
        14132(a)) (in this Act referred to as the ``National DNA Index 
        System''), of DNA profiles or DNA data 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 a 
                homicide.
                    (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 kidnaping 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.
            (2) 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.

[[Page 126 STAT. 2408]]

SEC. 3. <<NOTE: 42 USC 14137a.>> GRANTS TO STATES TO IMPLEMENT DNA 
                    ARRESTEE COLLECTION PROCESSES.

    (a) In General.--The Attorney General shall, subject to amounts made 
available pursuant to section 5, carry out a grant program for the 
purpose of assisting States with the costs associated with the 
implementation of DNA arrestee 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 a DNA arrestee 
        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 DNA 
        arrestee 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 DNA arrestee 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.--In the case of a State 
        seeking a grant under this section with respect to the 
        implementation of a DNA arrestee 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) <<NOTE: Procedures.>> Grant Conditions.--As a condition of 
receiving a grant under this section, a State shall have a procedure in 
place to--
            (1) <<NOTE: Notification.>> provide written notification of 
        expungement provisions and instructions for requesting 
        expungement to all persons who submit a DNA profile or DNA data 
        for inclusion in the index;
            (2) <<NOTE: Criteria. Web posting.>> provide the eligibility 
        criteria for expungement and instructions for requesting 
        expungement on an appropriate public Web site; and
            (3) <<NOTE: Determination. Deadline. Notification.>> 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. <<NOTE: 42 USC 14137b.>> EXPUNGEMENT OF PROFILES.

    The <<NOTE: Applicability.>> expungement requirements under section 
210304(d) of the DNA Identification Act of 1994 (42 U.S.C. 14132(d)) 
shall apply to any DNA profile or DNA data collected pursuant to this 
Act for purposes of inclusion in the National DNA Index System.

[[Page 126 STAT. 2409]]

SEC. 5. <<NOTE: 42 USC 14137c.>> OFFSET OF FUNDS APPROPRIATED.

    Any funds appropriated to carry out this Act, not to exceed 
$10,000,000 for each of fiscal years 2013 through 2015, shall 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 implement a DNA arrestee collection process 
        consistent with the Katie Sepich Enhanced DNA Collection Act of 
        2012.''.

    Approved January 10, 2013.

LEGISLATIVE HISTORY--H.R. 6014:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 158 (2012):
            Dec. 18, considered and passed House.
            Dec. 28, considered and passed Senate.

                                  <all>
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