II

106TH CONGRESS

2D SESSION S. 3130

To provide for post-conviction DNA testing, to facilitate the exchange by

law enforcement agencies of DNA identification information relating to

felony offenders, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Mr. HATCH (for himself, Mr. LOTT, Mr. NICKLES, Mr. MACK, Mr. MCCAIN,

Mr. GRASSLEY, Mr. THURMOND, Mr. KYL, Mr. ABRAHAM, Mr. DEWINE,

Mr. SESSIONS, Mr. SMITH of New Hampshire, Mr. SMITH of Oregon, Ms.

COLLINS, Mr. FITZGERALD, Mr. HELMS, Mr. SANTORUM, Mr. HAGEL,

Mr. SHELBY, Mr. WARNER, Mr. INHOFE, Ms. SNOWE, Mr. ALLARD, Mr.

BROWNBACK, Mr. GRAMS, Mr. BENNETT, Mr. COCHRAN, Mr. HUTCHINSON, and Mr. FRIST) introduced the following bill; which was read

twice and referred to the Committee on the Judiciary

A BILL

To provide for post-conviction DNA testing, to facilitate the

exchange by law enforcement agencies of DNA identification information relating to felony offenders, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Criminal Justice Integrity and Law Enforcement Assist4 ance Act’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—POST-CONVICTION DNA TESTING IN FEDERAL COURT

Sec. 101. Post-conviction DNA testing.

Sec. 102. Repeal.

TITLE II—CONVICTED OFFENDER DNA INDEX SYSTEM

Sec. 201. Short title.

Sec. 202. Elimination of convicted offender DNA backlog.

Sec. 203. Elimination of State and local unsolved casework DNA backlog.

Sec. 204. Elimination of FBI unsolved casework DNA backlog.

Sec. 205. Missing persons database.

Sec. 206. DNA identification of Federal, District of Columbia, and military felony offenders.

7 SEC. 2. FINDINGS.

8 Congress makes the following findings:

9 (1) In the last decade, deoxyribonucleic acid

10 testing (referred to in this Act as ‘‘DNA testing’’)

11 has emerged as the most reliable forensic technique

12 for identifying criminals when biological evidence of

13 the crime is obtained. DNA testing ‘‘has been ac14 knowledged by the courts as well as the national sci15 entific community for its extraordinary degree of ac16 curacy in matching cellular material to individuals’’.

17 Commonwealth v. Brison, 618 A.2d 420 (S. Ct. Pa.

18 1992).
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1 (2) In many cases, DNA testing of biological

2 evidence can reveal relevant evidence of a crime, and

3 in a narrow class of cases, it can conclusively prove

4 the guilt or innocence of a criminal defendant. In

5 many other cases, however, DNA testing can provide

6 only inconclusive or irrelevant evidence.

7 (3) While DNA testing is standard in pretrial

8 investigations in every State today, it was not widely

9 available prior to the early 1990’s. In addition, new

10 DNA testing technologies have been developed that

11 can accurately examine minute samples and obtain

12 more discriminating results than earlier forms of

13 DNA testing.

14 (4) DNA testing is possible on biological evi15 dence that is more than a decade old. Because bio16 logical evidence, such as semen or hair from a rape,

17 is often preserved by authorities years after trial, it

18 has become possible to submit preserved biological

19 evidence to DNA testing. In cases that were tried

20 before DNA technology existed, and in which biologi21 cal evidence was preserved after conviction, post-con22 viction testing is feasible.

23 (5) Even within this narrow class of cases that

24 occurred before DNA technology existed, and in

25 which biological evidence was preserved, post-convic-
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1 tion testing is appropriate only if the identity of the

2 perpetrator was an issue at trial, and DNA testing

3 has the potential to exonerate the defendant of the

4 crime for which he was convicted of beyond a rea5 sonable doubt. To authorize post-conviction testing

6 in a broader category of cases would lead to a waste

7 of scarce prosecutorial and judicial resources without

8 increasing the likelihood of determining whether an

9 innocent person was wrongfully convicted.

10 (6) Several States, including Illinois, New York,

11 and Arizona, have enacted statutes that authorize

12 post-conviction DNA testing. The Illinois statute has

13 worked particularly well, as Illinois has the most

14 post-conviction DNA exonerations in the Nation. As

15 the cases interpreting these statutes make clear,

16 post-conviction DNA testing is authorized only in

17 cases in which testing has the potential to exonerate

18 a defendant. For example, in People v. Savory, 722,

19 N.E.2d 220, 224 (Ill. 1999), the court, after an ex20 haustive examination of the Illinois post-conviction

21 DNA testing statute, concluded that ‘‘the legislature

22 intended to provide a process of total vindica23 tion . . .[I]n using the term ‘actual innocence’, the

24 legislature intended to limit the scope of the [Illinois

25 statute], allowing for scientific testing only where it
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1 has the potential to exonerate a defendant.’’. In Sa2 vory, the court denied post-conviction testing be3 cause ‘‘although DNA testing carries the possibility

4 of weakening the State’s original case against de5 fendant, it does not have the potential to prove him

6 innocent’’.

7 (7) Because DNA testing is standard in pretrial

8 investigations in every State today, the issue of post9 conviction DNA testing involves only a narrow class

10 of cases prosecuted before DNA technology existed.

11 In the near future, the need for post-conviction

12 DNA testing will cease because of the availability of

13 pretrial testing with advanced technologies.

14 (8) In the last decade, post-conviction DNA

15 testing has exonerated innocent persons who were

16 wrongly convicted in trials that occurred before

17 DNA testing existed. In some of these cases, the

18 post-conviction DNA testing that exonerated a

19 wrongly convicted person also provided evidence that

20 led to the apprehension of the actual perpetrator.

21 (9) Under current Federal and State law, it is

22 difficult to obtain post-conviction DNA testing be23 cause of time limits on introducing newly discovered

24 evidence. In 38 States, motions for a new trial based

25 on newly discovered evidence must be made not later
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1 than 2 years after the date of conviction. In some

2 States, such motions must be made not later than

3 30 days after the date of conviction. Under Federal

4 law, such a motion must be made not later than 3

5 years after the date of conviction. These time limits

6 are based on the fact that evidence becomes less reli7 able after the passage of time and, as a result, it is

8 difficult to prosecute criminal cases years after the

9 crime occurred.

10 (10) The time limits on introducing newly dis11 covered evidence should not bar post-conviction

12 DNA testing in appropriate cases because DNA test13 ing can produce accurate results on biological evi14 dence that is more than a decade old. Unlike other

15 evidence, the results of DNA testing are not nec16 essarily less reliable after the passage of time.

17 (11) Once post-conviction DNA testing is per18 formed, the results of such testing should be consid19 ered as newly discovered evidence by the courts. If

20 post-conviction testing produces exculpatory evi21 dence, the defendant should be allowed to move for

22 a new trial based on newly discovered evidence, not23 withstanding the time limits on such motions appli24 cable to other forms of newly discovered evidence. In

25 addition, courts should weigh motions for a new trial
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1 based on post-conviction DNA testing results under

2 the established precedents for motions for a new

3 trial based on newly discovered evidence.

4 (12) In 1994, Congress passed the DNA Identi5 fication Act, which authorized the construction of

6 the Combined DNA Index System (referred to in

7 this section as ‘‘CODIS’’). CODIS is a national

8 database that allows Federal and State law enforce9 ment agencies to submit, retrieve, and compare

10 DNA profiles of convicted offenders and DNA pro11 files of evidence from crime scenes.

12 (13) Every State has a law that requires cer13 tain convicted offenders to provide DNA samples.

14 These convicted offender DNA samples must be ana15 lyzed before the DNA profiles can be placed in the

16 CODIS database. DNA profiles of evidence from

17 crime scenes are also placed in CODIS.

18 (14) When DNA evidence is gathered from a

19 crime scene, law enforcement authorities can use

20 CODIS in 2 ways. First, authorities can compare

21 the DNA evidence to the convicted offender profiles

22 in CODIS. If there is a match between the DNA evi23 dence and the DNA profile of a convicted offender,

24 authorities will obtain the identity of the suspected

25 perpetrator. Second, if there is not a match in the
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1 convicted offender profiles, authorities can compare

2 the DNA evidence to the DNA profiles of evidence

3 from other crime scenes. If there is a match between

4 the DNA evidence and the DNA profiles from other

5 unsolved crimes, authorities can link 2 or more

6 crimes together.

7 (15) DNA samples must be analyzed by accred8 ited laboratories before the samples can be placed in

9 CODIS. Unfortunately, there is a nationwide back10 log of approximately 700,000 unanalyzed convicted

11 offender DNA samples and unanalyzed DNA evi12 dence from unsolved crimes. Authorities estimate

13 that at least 600 felonies will be solved by elimi14 nating the backlog of convicted offender DNA sam15 ples alone. Congress should provide financial assist16 ance to the States to analyze DNA samples and evi17 dence and expedite their inclusion in CODIS.

18 (16) While every State has a law that requires

19 certain convicted offenders to provide DNA samples,

20 the Federal Government does not collect DNA sam21 ples from offenders convicted of Federal crimes,

22 United States military crimes, or crimes under the

23 law of the District of Columbia. Congress should

24 pass legislation that requires anyone convicted of a

25 felony under Federal law, United States military
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1 law, or the law of the District of Columbia to pro2 vide a DNA sample for inclusion in CODIS.

3 TITLE I—POST-CONVICTION DNA

4 TESTING IN FEDERAL COURT

5 SEC. 101. POST-CONVICTION DNA TESTING.

6 (a) FEDERAL CRIMINAL PROCEDURE.—

7 (1) IN GENERAL.—Part II of title 18, United

8 States Code, is amended by inserting after chapter

9 228 the following:

10 ‘‘CHAPTER 228A—POST-CONVICTION DNA

11 TESTING

‘‘Sec.

‘‘3600. DNA testing.

‘‘3600A. Prohibition on destruction of biological material.

12 ‘‘§ 3600. DNA testing

13 ‘‘(a) MOTION.—During the 30-month period begin14 ning on the date of enactment of this section, an individual

15 serving a term of imprisonment for conviction in a court

16 of the United States of a criminal offense (referred to in

17 this section as the ‘applicant’) may make a written motion

18 to the court that entered the judgment of conviction for

19 the performance of forensic DNA testing on specified evi20 dence, if that evidence—

21 ‘‘(1) was secured in relation to the investigation

22 or prosecution that resulted in the conviction of the

23 applicant; and
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1 ‘‘(2) was not subject to the DNA testing re2 quested because the technology for such testing was

3 not available to the applicant at the time of trial.

4 ‘‘(b) NOTICE TO THE GOVERNMENT.—Upon receipt

5 of a motion under subsection (a), the court shall notify

6 the Government and shall afford the Government an op7 portunity to respond to the motion.

8 ‘‘(c) REQUIREMENTS.—In any motion under sub9 section (a), the applicant shall—

10 ‘‘(1) under penalty of perjury, assert the actual

11 innocence of the applicant of—

12 ‘‘(A) the offense for which the applicant

13 was convicted; or

14 ‘‘(B) uncharged conduct, if the exoneration

15 of the applicant of such conduct would result in

16 a mandatory reduction in the sentence of the

17 applicant;

18 ‘‘(2) identify the specific evidence (that was se19 cured in relation to the investigation or prosecution

20 that resulted in the conviction of the applicant) to

21 be tested and a theory of defense, not inconsistent

22 with previously asserted theories, that the requested

23 DNA testing would support; and

24 ‘‘(3) present a prima facie showing that—
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1 ‘‘(A) the identity of the perpetrator was at

2 issue in the trial that resulted in the conviction

3 of the applicant; and

4 ‘‘(B) DNA testing of the specified evidence

5 would, assuming exculpatory results, establish

6 the actual innocence of the applicant of—

7 ‘‘(i) the offense for which the appli8 cant was convicted; or

9 ‘‘(ii) uncharged conduct, if the exon10 eration of the applicant of such conduct

11 would result in a mandatory reduction in

12 the sentence of the applicant.

13 ‘‘(d) ORDER.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), the court shall order the testing requested

16 in a motion under subsection (a) under reasonable

17 conditions designed to protect the interests of the

18 Government in the integrity of the evidence and the

19 testing process, upon a determination, after review

20 of the record of the trial of the applicant, that—

21 ‘‘(A) the applicant has met the require22 ments of subsection (c);

23 ‘‘(B) the evidence to be tested is in the

24 possession of the Government or the court and

25 has been subject to a chain of custody sufficient
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1 to establish that it has not been altered in any

2 material respect; and

3 ‘‘(C) the motion is made in a timely man4 ner and for the purpose of demonstrating the

5 actual innocence of the applicant and not to

6 delay the execution of sentence or administra7 tion of justice.

8 ‘‘(2) EXCEPTION.—The court shall not order

9 the testing requested in a motion under subsection

10 (a) if, after review of the record of the trial of the

11 applicant, the court determines that there is no rea12 sonable possibility that the testing will produce ex13 culpatory evidence that would establish the actual

14 innocence of the applicant of—

15 ‘‘(A) the offense for which the applicant

16 was convicted; or

17 ‘‘(B) uncharged conduct, if the exoneration

18 of the applicant of such conduct would result in

19 a mandatory reduction in the sentence of the

20 applicant.

21 ‘‘(3) FINAL ORDER.—An order under this sub22 section is a final order for purposes of section 1291

23 of title 28, United States Code.

24 ‘‘(e) TESTING PROCEDURES.—
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1 ‘‘(1) SELECTION OF LABORATORY.—Any DNA

2 testing ordered under this section shall be conducted

3 by—

4 ‘‘(A) a laboratory mutually selected by the

5 Government and the applicant; or

6 ‘‘(B) if the Government and the applicant

7 are unable to agree on a laboratory, a labora8 tory selected by the court that ordered the test9 ing.

10 ‘‘(2) COSTS.—The costs of any testing ordered

11 under this section shall be paid—

12 ‘‘(A) by the applicant; or

13 ‘‘(B) in the case of an applicant who is in14 digent, by the court.

15 ‘‘(f) TIME LIMITATION IN CAPITAL CASES.—In any

16 case in which the applicant is sentenced to death—

17 ‘‘(1) any DNA testing ordered under this sec18 tion shall be completed not later than 120 days after

19 the date on which the Government responds to the

20 motion under subsection (a); and

21 ‘‘(2) the court shall order any post-testing pro22 cedures under subsection (g) not later than 30 days

23 after the date on which the DNA testing is com24 pleted.

25 ‘‘(g) POST-TESTING PROCEDURES.—
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1 ‘‘(1) RESULTS UNFAVORABLE TO APPLICANT.—

2 If the DNA testing conducted under this section

3 produces inconclusive evidence or evidence that is

4 unfavorable to the applicant—

5 ‘‘(A) the court shall—

6 ‘‘(i) dismiss the application; and

7 ‘‘(ii) forward the results of the testing

8 to the appropriate parole board that would

9 have jurisdiction over a request for parole

10 by the applicant; and

11 ‘‘(B) the Government shall compare the

12 evidence to DNA evidence from unsolved crimes

13 in the Combined DNA Index System (CODIS).

14 ‘‘(2) RESULTS FAVORABLE TO APPLICANT.—If

15 the DNA testing conducted under this section pro16 duces exculpatory evidence—

17 ‘‘(A) the applicant may, during the 60-day

18 period beginning on the date on which the ap19 plicant is notified of the test results, make a

20 motion to the court that ordered the testing for

21 a new trial based on newly discovered evidence

22 under rule 33 of the Federal Rules of Criminal

23 Procedure, notwithstanding any provision of law

24 that would bar such a motion as untimely; and
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1 ‘‘(B) upon receipt of a motion under sub2 paragraph (A), the court that ordered the test3 ing shall consider the motion under rule 33 of

4 the Federal Rules of Criminal Procedure, not5 withstanding any provision of law that would

6 bar such consideration as untimely.

7 ‘‘(h) APPLICABILITY TO FEDERAL HABEAS COR8 PUS.—The denial of post-conviction DNA testing by a

9 Federal or State court shall not be a ground for relief in

10 any proceeding under Federal habeas corpus.

11 ‘‘(i) COUNSEL.—The court may appoint counsel for

12 an indigent applicant under this section.’’.

13 ‘‘§ 3600A. Prohibition on destruction of biological ma14 terial

15 ‘‘(a) PROHIBITION.—

16 ‘‘(1) IN GENERAL.—Notwithstanding any other

17 provision of law, during the period described in

18 paragraph (2), the Government shall not destroy any

19 biological material preserved in any case in which

20 the identity of the perpetrator was at issue during

21 trial, if the defendant is serving a term of imprison22 ment following conviction in that case.

23 ‘‘(2) PERIOD DESCRIBED.—The period de24 scribed in this paragraph is the period beginning on
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1 the date of enactment of this section and ending on

2 the later of—

3 ‘‘(A) the expiration of the 30-month period

4 beginning on that date of enactment; or

5 ‘‘(B) the date on which any proceedings

6 under section 3600 relating to the case are

7 completed.

8 ‘‘(b) SANCTIONS FOR INTENTIONAL VIOLATION.—

9 The court may impose appropriate sanctions, including

10 criminal contempt, for an intentional violation of sub11 section (a).’’.

12 (2) TECHNICAL AND CONFORMING AMEND13 MENT.—The analysis for part II of title 18, United

14 States Code, is amended by inserting after the item

15 relating to section 228 the following:

‘‘228A. Post-conviction DNA testing ........................................... 3600’’.

16 (b) APPLICABILITY.—The amendments made by this

17 section shall take effect on the date of enactment of this

18 Act and shall apply with respect to any judgment of con19 viction entered before, on, or after that date of enactment.

20 SEC. 102. REPEAL.

21 Effective 30 months after the date of enactment of

22 this Act, this title and the amendments made by this title

23 are repealed.
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1 TITLE II—CONVICTED

2 OFFENDER DNA INDEX SYSTEM

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘Convicted Offender

5 DNA Index System Support Act’’.

6 SEC. 202. ELIMINATION OF CONVICTED OFFENDER DNA

7 BACKLOG.

8 (a) DEVELOPMENT OF PLAN.—

9 (1) IN GENERAL.—Not later than 45 days after

10 the date of enactment of this Act, the Director of

11 the Federal Bureau of Investigation, after consulta12 tion with representatives of the States and of appro13 priate Federal agencies, shall develop a plan to as14 sist eligible States in performing DNA analyses of

15 DNA samples collected from convicted offenders and

16 to pay for the costs of such post-conviction DNA

17 analyses, as necessary.

18 (2) OBJECTIVE.—The objective of the plan de19 veloped under paragraph (1) shall be to effectively

20 eliminate the backlog of convicted offender DNA

21 samples awaiting analysis in State or local forensic

22 laboratory storage, including samples that need to be

23 reanalyzed using upgraded methods, in an efficient,

24 expeditious manner that will provide for the entry of
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1 those analyses into the combined DNA Indexing

2 System (CODIS).

3 (b) ELIGIBILITY FOR ASSISTANCE.—To be eligible to

4 receive assistance under the plan developed under sub5 section (a), a State shall submit to the Attorney General

6 an application, which shall include assurances that—

7 (1) not later than 1 year after the date on

8 which the application is submitted, the State will

9 allow post-conviction DNA testing in a manner con10 sistent with section 3600 of title 18, United States

11 Code (as added by title I of this Act); and

12 (2) prior to the repeal of chapter 228A of title

13 18, United States Code (as added by title I of this

14 Act), the State will not destroy any biological mate15 rial preserved in any case in which the identity of

16 the perpetrator was at issue during trial, if the de17 fendant is serving a term of imprisonment following

18 conviction in that case.

19 (c) PLAN CONDITIONS.—The plan developed under

20 subsection (a) shall require each of the following:

21 (1) That the Director of the Federal Bureau of

22 Investigation—

23 (A) establish requirements for the perform24 ance of DNA analyses by private forensic lab25 oratories, including quality assurance stand-
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1 ards, state-of-the-art testing methods, and other

2 requirements that the Director considers appro3 priate; and

4 (B) determine which private forensic lab5 oratories satisfy the requirements established

6 pursuant to subparagraph (A).

7 (2) That a laboratory may perform DNA anal8 yses under the plan only if it is a private forensic

9 laboratory determined under paragraph (1)(B) to

10 satisfy the requirements established pursuant to

11 paragraph (1)(A).

12 (3) That the Director of the Federal Bureau of

13 Investigation provide assistance under the plan only

14 pursuant to arrangements with private forensic lab15 oratories that have been determined under para16 graph (1)(B) to satisfy the requirements established

17 pursuant to paragraph (1)(A).

18 (4) That under each such arrangement—

19 (A) the Director shall determine, for each

20 State to which assistance is provided under the

21 plan, the quantity of convicted offender DNA

22 samples awaiting analysis in that State on

23 which the laboratory shall perform DNA anal24 ysis;
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1 (B) the laboratory shall perform those

2 DNA analyses; and

3 (C) the Director shall, on behalf of that

4 State, provide funding to the laboratory to

5 cover the costs of those DNA analyses.

6 (5) That each DNA sample collected and ana7 lyzed under the plan be accessible only—

8 (A) to criminal justice agencies for law en9 forcement identification purposes;

10 (B) in judicial proceedings, if otherwise ad11 missible pursuant to applicable statutes or

12 rules;

13 (C) for criminal defense purposes, to a de14 fendant, who shall have access to samples and

15 analyses performed in connection with the case

16 in which such defendant is charged; or

17 (D) for validation studies and protocol de18 velopment purposes, if personally identifiable

19 information is removed.

20 (d) IMPLEMENTATION OF PLAN.—Subject to the

21 availability of appropriations under subsection (e), the Di22 rector of the Federal Bureau of Investigation shall imple23 ment the plan developed under subsection (a) with eligible

24 States.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Director of the

3 Federal Bureau of Investigation to carry out this section

4 $25,000,000 for each of fiscal years 2000 and 2001.

5 SEC. 203. ELIMINATION OF STATE AND LOCAL UNSOLVED

6 CASEWORK DNA BACKLOG.

7 (a) DEVELOPMENT OF PLAN.—

8 (1) IN GENERAL.—Not later than 45 days after

9 the date of enactment of this Act, the Attorney Gen10 eral, in coordination with the Director of the Federal

11 Bureau of Investigation and after consultation with

12 representatives of the States and of appropriate

13 Federal agencies, shall develop a plan to assist eligi14 ble States in performing DNA analyses of crime

15 scene evidence in casework for which there are no

16 suspects.

17 (2) OBJECTIVE.—The objective of the plan de18 veloped under paragraph (1) shall be to effectively

19 eliminate the backlog of crime scene evidence await20 ing DNA analysis in State or local forensic labora21 tory storage, including evidence that needs to be re22 analyzed using upgraded methods, in an efficient,

23 expeditious manner that will provide for the entry of

24 those analyses into the combined DNA Indexing

25 System (CODIS).
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1 (b) ELIGIBILITY FOR ASSISTANCE.—To be eligible to

2 receive assistance under the plan developed under sub3 section (a), a State shall submit to the Attorney General

4 an application, which shall include assurances that—

5 (1) not later than 1 year after the date on

6 which the application is submitted, the State will

7 allow post-conviction DNA testing in a manner con8 sistent with section 3600 of title 18, United States

9 Code (as added by title I of this Act); and

10 (2) prior to the repeal of chapter 228A of title

11 18, United States Code (as added by title I of this

12 Act), the State will not destroy any biological mate13 rial preserved in any case in which the identity of

14 the perpetrator was at issue during trial, if the de15 fendant is serving a term of imprisonment following

16 conviction in that case.

17 (c) PLAN CONDITIONS.—The plan developed under

18 subsection (a) shall require each the following:

19 (1) That the Attorney General, in coordination

20 with the Director of the Federal Bureau of Inves21 tigation, establish—

22 (A) requirements for the performance of

23 DNA analyses by State and local forensic lab24 oratories, including quality assurance standards

25 issued by the Director, state-of-the-art testing
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1 methods, and other requirements that the Di2 rector considers appropriate;

3 (B) procedures under which a State may

4 apply for assistance under the plan; and

5 (C) guidelines for the use by a State of

6 any assistance under the plan.

7 (2) That the Attorney General provide assist8 ance under the plan only by making grants to a

9 State, to be used by the chief executive officer of the

10 State, in conjunction with units of local government,

11 other States, or any combination thereof, to carry

12 out a project consistent with the plan.

13 (3) That the State, as a condition of receiving

14 assistance under the plan, shall—

15 (A) use the assistance only for the DNA

16 analysis of crime scene evidence in casework for

17 which there are no suspects; and

18 (B) provide assurances that it will submit

19 a report to the Attorney General containing a

20 summary of the activities carried out using the

21 assistance provided.

22 (4) That the Federal share of assistance pro23 vided under the plan with respect to a project may

24 not exceed 75 percent of the total costs of the

25 project.
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1 (5) That each DNA sample collected and ana2 lyzed under the plan be accessible only—

3 (A) to criminal justice agencies for law en4 forcement identification purposes;

5 (B) in judicial proceedings, if otherwise ad6 missible pursuant to applicable statutes or

7 rules;

8 (C) for criminal defense purposes, to a de9 fendant, who shall have access to samples and

10 analyses performed in connection with the case

11 in which such defendant is charged; or

12 (D) for validation studies and protocol de13 velopment purposes, if personally identifiable

14 information is removed.

15 (d) IMPLEMENTATION OF PLAN.—Subject to the

16 availability of appropriations under subsection (e), the At17 torney General shall implement the plan developed under

18 subsection (a) with eligible States.

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to the Attorney General

21 to carry out this section $35,000,000 for each of fiscal

22 years 2000 and 2001.
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1 SEC. 204. ELIMINATION OF FBI UNSOLVED CASEWORK DNA

2 BACKLOG.

3 (a) DEVELOPMENT OF PLAN.—Not later than 45

4 days after the date of enactment of this Act, the Director

5 of the Federal Bureau of Investigation shall develop a plan

6 to effectively eliminate the backlog of crime scene evidence

7 awaiting DNA analysis in forensic laboratory storage of

8 the Bureau, including evidence that needs to be reanalyzed

9 using upgraded methods, in an efficient, expeditious man10 ner that will provide for the entry of those analyses into

11 the combined DNA Indexing System (CODIS).

12 (b) CONDITION OF PLAN.—The plan developed under

13 subsection (a) shall require that each DNA sample col14 lected and analyzed under the plan be accessible only—

15 (1) to criminal justice agencies for law enforce16 ment identification purposes;

17 (2) in judicial proceedings, if otherwise admis18 sible pursuant to applicable statutes or rules;

19 (3) for criminal defense purposes, to a defend20 ant, who shall have access to samples and analyses

21 performed in connection with the case in which such

22 defendant is charged; or

23 (4) for validation studies and protocol develop24 ment purposes, if personally identifiable information

25 is removed.
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1 (c) IMPLEMENTATION OF PLAN.—Subject to the

2 availability of appropriations under subsection (d), the Di3 rector of the Federal Bureau of Investigation shall imple4 ment the plan developed pursuant to subsection (a).

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to the Director of the

7 Federal Bureau of Investigation to carry out this section

8 $500,000 for fiscal year 2000, to remain available until

9 expended.

10 SEC. 205. MISSING PERSONS DATABASE.

11 (a) IN GENERAL.—The Director of the Federal Bu12 reau of Investigation may expand the combined DNA In13 dexing System (CODIS) to include information on missing

14 persons, including analyses of DNA samples voluntarily

15 contributed from relatives of missing persons.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to the Director of the

18 Federal Bureau of Investigation to carry out this section

19 $2,835,000 for fiscal year 2000, to remain available until

20 expended.

21 SEC. 206. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF

22 COLUMBIA, AND MILITARY FELONY OFFEND23 ERS.

24 (a) EXPANSION OF DNA IDENTIFICATION INDEX.—

25 Section 811(a)(2) of the Antiterrorism and Effective
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1 Death Penalty Act of 1996 (28 U.S.C. 531 note) is

2 amended to read as follows:

3 ‘‘(2) the Director of the Federal Bureau of In4 vestigation shall expand the combined DNA Identi5 fication System (CODIS) to include information on

6 DNA identification records and analyses related to

7 criminal offenses and acts of juvenile delinquency

8 under Federal law, the Uniform Code of Military

9 Justice, and the District of Columbia Code, in ac10 cordance with section 210304 of the Violent Crime

11 Control and Law Enforcement Act of 1994 (42

12 U.S.C. 14132).’’.

13 (b) INDEX TO FACILITATE LAW ENFORCEMENT EX14 CHANGE OF DNA IDENTIFICATION INFORMATION.—Sec15 tion 210304 of the Violent Crime Control and Law En16 forcement Act of 1994 (42 U.S.C. 14132) is amended—

17 (1) in subsection (a)(1), by striking ‘‘persons

18 convicted of crimes’’ and inserting ‘‘individuals con19 victed of criminal offenses or adjudicated delinquent

20 for acts of juvenile delinquency, including qualifying

21 offenses (as defined in subsection (d)(1))’’;

22 (2) in subsection (a)(2), by striking ‘‘and’’;

23 (3) in subsection (a)(3), by striking the period

24 and inserting ‘‘; and’’;

25 (4) by adding at the end the following:
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1 ‘‘(4) analyses of DNA samples voluntarily con2 tributed from relatives of missing persons.’’;

3 (5) in subsection (b)(2), by striking ‘‘, at reg4 ular intervals of not to exceed 180 days,’’ and insert5 ing ‘‘semiannual’’; and

6 (6) by adding at the end the following:

7 ‘‘(d) INCLUSION OF DNA INFORMATION RELATING

8 TO FELONY OFFENDERS.—

9 ‘‘(1) DEFINITIONS.—In this subsection—

10 ‘‘(A) the term ‘felony’ means a criminal of11 fense punishable by a maximum term of impris12 onment of more than 1 year; and

13 ‘‘(B) the term ‘qualifying offense’ means a

14 criminal offense or act of juvenile delinquency

15 included on the list established by the Director

16 of the Federal Bureau of Investigation under

17 paragraph (2)(A)(i).

18 ‘‘(2) REGULATIONS.—

19 ‘‘(A) IN GENERAL.—Not later than 90

20 days after the date of enactment of this sub21 section, and at the discretion of the Director

22 thereafter, the Director of the Federal Bureau

23 of Investigation, in consultation with the Direc24 tor of the Bureau of Prisons, the Director of

25 the Court Services and Offender Supervision
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1 Agency for the District of Columbia or the

2 Trustee appointed under section 11232(a) of

3 the Balanced Budget Act of 1997 (as appro4 priate), and the Chief of Police of the Metro5 politan Police Department of the District of Co6 lumbia, shall by regulation establish—

7 ‘‘(i) a list of qualifying offenses; and

8 ‘‘(ii) standards and procedures for—

9 ‘‘(I) the analysis of DNA samples

10 collected from individuals convicted of

11 or adjudicated delinquent for a quali12 fying offense;

13 ‘‘(II) the inclusion in the index

14 established by this section of the DNA

15 identification records and DNA anal16 yses relating to the DNA samples de17 scribed in subclause (I); and

18 ‘‘(III) the expungement of DNA

19 identification records and DNA anal20 yses described in subclause (II) from

21 the index established by this section in

22 any circumstance in which the under23 lying conviction or adjudication for

24 the qualifying offense has been re25 versed or expunged.
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1 ‘‘(B) OFFENSES INCLUDED.—The list es2 tablished under subparagraph (A)(i) shall

3 include—

4 ‘‘(i) each criminal offense or act of ju5 venile delinquency under Federal law

6 that—

7 ‘‘(I) constitutes a felony; or

8 ‘‘(II) in the case of an act of ju9 venile delinquency, would, if com10 mitted by an adult, constitute a fel11 ony; and

12 ‘‘(ii) each criminal offense under the

13 District of Columbia Code that would, if

14 committed in the special maritime and ter15 ritorial jurisdiction of the United States,

16 constitute a felony.

17 ‘‘(3) FEDERAL OFFENDERS.—

18 ‘‘(A) COLLECTION OF SAMPLES FROM FED19 ERAL PRISONERS.—

20 ‘‘(i) IN GENERAL.—Beginning 180

21 days after the date of enactment of this

22 subsection, the Director of the Bureau of

23 Prisons shall collect a DNA sample from

24 each individual in the custody of the Bu25 reau of Prisons who has been convicted of
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1 or adjudicated delinquent for a qualifying

2 offense.

3 ‘‘(ii) TIME AND MANNER.—The Direc4 tor of the Bureau of Prisons shall specify

5 the time and manner of collection of DNA

6 samples under this subparagraph.

7 ‘‘(B) COLLECTION OF SAMPLES FROM

8 FEDERAL OFFENDERS ON SUPERVISED RE9 LEASE, PAROLE, OR PROBATION.—

10 ‘‘(i) IN GENERAL.—Beginning 180

11 days after the date of enactment of this

12 subsection, the agency responsible for the

13 supervision under Federal law of an indi14 vidual on supervised release, parole, or pro15 bation (other than an individual described

16 in paragraph (4)(B)(i)) shall collect a

17 DNA sample from each individual who has

18 been convicted of or adjudicated delinquent

19 for a qualifying offense.

20 ‘‘(ii) TIME AND MANNER.—The Direc21 tor of the Administrative Office of the

22 United States Courts shall specify the time

23 and manner of collection of DNA samples

24 under this subparagraph.

25 ‘‘(4) DISTRICT OF COLUMBIA OFFENDERS.—
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1 ‘‘(A) OFFENDERS IN CUSTODY OF DIS2 TRICT OF COLUMBIA.—

3 ‘‘(i) IN GENERAL.—The Government

4 of the District of Columbia may—

5 ‘‘(I) identify 1 or more categories

6 of individuals who are in the custody

7 of, or under supervision by, the Dis8 trict of Columbia as a result of a con9 viction of a qualifying offense, from

10 whom DNA samples should be col11 lected; and

12 ‘‘(II) collect a DNA sample from

13 each individual in any category identi14 fied under clause (i).

15 ‘‘(ii) DEFINITION.—In this subpara16 graph, the term ‘individuals in the custody

17 of, or under supervision by, the District of

18 Columbia’—

19 ‘‘(I) includes any individual in

20 the custody of, or under supervision

21 by, any agency of the Government of

22 the District of Columbia; and

23 ‘‘(II) does not include an indi24 vidual who is under the supervision of

25 the Director of the Court Services and
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1 Offender Supervision Agency for the

2 District of Columbia or the Trustee

3 appointed under section 11232(a) of

4 the Balanced Budget Act of 1997.

5 ‘‘(B) OFFENDERS ON SUPERVISED RE6 LEASE, PROBATION, OR PAROLE.—

7 ‘‘(i) IN GENERAL.—Beginning 180

8 days after the date of enactment of this

9 subsection, the Director of the Court Serv10 ices and Offender Supervision Agency for

11 the District of Columbia, or the Trustee

12 appointed under section 11232(a) of the

13 Balanced Budget Act of 1997, as appro14 priate, shall collect a DNA sample from

15 each individual under the supervision of

16 the Agency or Trustee, respectively, who is

17 on supervised release, parole, or probation

18 who has been convicted of or adjudicated

19 delinquent for a qualifying offense.

20 ‘‘(ii) TIME AND MANNER.—The Direc21 tor or the Trustee, as appropriate, shall

22 specify the time and manner of collection

23 of DNA samples under this subparagraph.

24 ‘‘(5) WAIVER; COLLECTION PROCEDURES.—

25 Notwithstanding any other provision of this sub-
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1 section, a person or agency responsible for the col2 lection of DNA samples under this subsection may—

3 ‘‘(A) waive the collection of a sample from

4 an individual under this subsection if another

5 person or agency has collected such a sample

6 from the individual under this subsection or

7 subsection (e); and

8 ‘‘(B) use or authorize the use of such

9 means as are necessary to restrain and collect

10 a DNA sample from an individual who refuses

11 to cooperate in the collection of the sample.

12 ‘‘(e) INCLUSION OF DNA INFORMATION RELATING

13 TO FELONY MILITARY OFFENDERS.—

14 ‘‘(1) IN GENERAL.—Not later than 120 days

15 after the date of enactment of this subsection, the

16 Secretary of Defense shall prescribe regulations

17 that—

18 ‘‘(A) specify categories of conduct punish19 able under the Uniform Code of Military Jus20 tice (referred to in this subsection as ‘qualifying

21 military offenses’) that are comparable to quali22 fying offenses (as defined in subsection (d)(1));

23 and

24 ‘‘(B) set forth standards and procedures

25 for—
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1 ‘‘(i) the analysis of DNA samples col2 lected from individuals convicted of a

3 qualifying military offense;

4 ‘‘(ii) the inclusion in the index estab5 lished by this section of the DNA identi6 fication records and DNA analyses relating

7 to the DNA samples described in clause

8 (i); and

9 ‘‘(iii) the expungement of DNA identi10 fication records and DNA analyses de11 scribed in clause (ii) from the index estab12 lished by this section in any circumstance

13 in which the underlying conviction for the

14 qualifying military offense has been re15 versed or the underlying record has been

16 expunged for any other reason.

17 ‘‘(2) COLLECTION OF SAMPLES.—

18 ‘‘(A) IN GENERAL.—Beginning 180 days

19 after the date of enactment of this subsection,

20 the Secretary of Defense shall collect a DNA

21 sample from each individual under the jurisdic22 tion of the Secretary of a military department

23 who has been convicted of a qualifying military

24 offense.
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1 ‘‘(B) TIME AND MANNER.—The Secretary

2 of Defense shall specify the time and manner of

3 collection of DNA samples under this para4 graph.

5 ‘‘(3) WAIVER; COLLECTION PROCEDURES.—

6 Notwithstanding any other provision of this sub7 section, the Secretary of Defense may—

8 ‘‘(A) waive the collection of a sample from

9 an individual under this subsection if another

10 person or agency has collected such a sample

11 from the individual under subsection (d); and

12 ‘‘(B) use or authorize the use of such

13 means as are necessary to restrain and collect

14 a DNA sample from an individual who refuses

15 to cooperate in the collection of the sample.

16 ‘‘(f) CRIMINAL PENALTY.—

17 ‘‘(1) IN GENERAL.—An individual from whom

18 the collection of a DNA sample is required under

19 subsection (d) who fails to cooperate in the collection

20 of that sample shall be—

21 ‘‘(A) guilty of a class A misdemeanor; and

22 ‘‘(B) punished in accordance with title 18,

23 United States Code.

24 ‘‘(2) MILITARY OFFENDERS.—An individual

25 from whom the collection of a DNA sample is re-
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1 quired under subsection (e) who fails to cooperate in

2 the collection of that sample may be punished as a

3 court martial may direct as a violation of the Uni4 form Code of Military Justice.

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated—

7 ‘‘(1) to the Department of Justice to carry out

8 subsection (d) of this section (including to reimburse

9 the Federal judiciary for any reasonable costs in10 curred in implementing such subsection, as deter11 mined by the Attorney General) and section 3(d) of

12 the National DNA Convicted Offender and Case13 work Backlog Reduction Act of 1999—

14 ‘‘(A) $6,600,000 for fiscal year 2000; and

15 ‘‘(B) such sums as may be necessary for

16 each of fiscal years 2001 through 2004;

17 ‘‘(2) to the Court Services and Offender Super18 vision Agency for the District of Columbia or the

19 Trustee appointed under section 11232(a) of the

20 Balanced Budget Act of 1997 (as appropriate), such

21 sums as may be necessary for each of fiscal years

22 2000 through 2004; and

23 ‘‘(3) to the Department of Defense to carry out

24 subsection (e)—

25 ‘‘(A) $600,000 for fiscal year 2000; and
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1 ‘‘(B) $300,000 for each of fiscal years

2 2001 through 2004.’’.

3 (c) CONDITIONS OF RELEASE.—

4 (1) CONDITIONS OF PROBATION.—Section

5 3563(a) of title 18, United States Code, is

6 amended—

7 (A) in paragraph (7), by striking ‘‘and’’ at

8 the end;

9 (B) in paragraph (8), by striking the pe10 riod at the end and inserting ‘‘; and’’; and

11 (C) by inserting after paragraph (8) the

12 following:

13 ‘‘(9) that the defendant cooperate in the collec14 tion of a DNA sample from the defendant if the col15 lection of such a sample is required pursuant to sec16 tion 210304 of the Violent Crime Control and Law

17 Enforcement Act of 1994 (42 U.S.C. 14132).’’.

18 (2) CONDITIONS OF SUPERVISED RELEASE.—

19 Section 3583(d) of title 18, United States Code, is

20 amended by inserting before ‘‘The court shall also

21 order’’ the following: ‘‘The court shall order, as an

22 explicit condition of supervised release, that the de23 fendant cooperate in the collection of a DNA sample

24 from the defendant, if the collection of such a sam25 ple is required pursuant to section 210304 of the
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1 Violent Crime Control and Law Enforcement Act of

2 1994 (42 U.S.C. 14132).’’.

3 (3) CONDITIONS OF RELEASE GENERALLY.—If

4 the collection of a DNA sample from an individual

5 on probation, parole, or supervised release (including

6 an individual on parole pursuant to chapter 311 of

7 title 18, United States Code, as in effect on October

8 30, 1997) is required pursuant to section 210304 of

9 the Violent Crime Control and Law Enforcement

10 Act of 1994 (42 U.S.C. 14132), and the sample has

11 not otherwise been collected, the individual shall co12 operate in the collection of a DNA sample as a con13 dition of that probation, parole, or supervised re14 lease.

15 (d) REPORT AND EVALUATION.—Not later than 1

16 year after the date of enactment of this Act, the Attorney

17 General, acting through the Assistant Attorney General

18 for the Office of Justice Programs of the Department of

19 Justice and the Director of the Federal Bureau of Inves20 tigation, shall—

21 (1) conduct an evaluation to—

22 (A) identify criminal offenses, including of23 fenses other than qualifying offenses (as defined

24 in section 210304(d)(1) of the Violent Crime

25 Control and Law Enforcement Act of 1994 (42
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1 U.S.C. 14132(d)(1)), as added by this section)

2 that, if serving as a basis for the mandatory

3 collection of a DNA sample under section

4 210304 of the Violent Crime Control and Law

5 Enforcement Act of 1994 (42 U.S.C. 14132) or

6 under State law, are likely to yield DNA

7 matches, and the relative degree of such likeli8 hood with respect to each such offense; and

9 (B) determine the number of investigations

10 aided (including the number of suspects

11 cleared), and the rates of prosecution and con12 viction of suspects identified through DNA

13 matching; and

14 (2) submit to Congress a report describing the

15 results of the evaluation under paragraph (1).

16 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

17 (1) DRUG CONTROL AND SYSTEM IMPROVE18 MENT GRANTS.—Section 503(a)(12)(C) of title I of

19 the Omnibus Crime Control and Safe Streets Act of

20 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by

21 striking ‘‘, at regular intervals of not to exceed 180

22 days,’’ and inserting ‘‘semiannual’’.

23 (2) DNA IDENTIFICATION GRANTS.—Section

24 2403(3) of title I of the Omnibus Crime Control and

25 Safe Streets Act of 1968 (42 U.S.C. 3796kk–2(3))
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1 is amended by striking ‘‘, at regular intervals not ex2 ceeding 180 days,’’ and inserting ‘‘semiannual’’.

3 (3) FEDERAL BUREAU OF INVESTIGATION.—

4 Section 210305(a)(1)(A) of the Violent Crime Con5 trol and Law Enforcement Act of 1994 (42 U.S.C.

6 14133(a)(1)(A)) is amended by striking ‘‘, at reg7 ular intervals of not to exceed 180 days,’’ and insert8 ing ‘‘semiannual’’.

Æ