II

106TH CONGRESS

1ST SESSION S. 903

To facilitate the exchange by law enforcement agencies of DNA identification

information relating to violent offenders, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 28, 1999

Mr. KOHL (for himself and Mr. DEWINE) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To facilitate the exchange by law enforcement agencies of

DNA identification information relating to violent 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Violent Offender DNA

5 Identification Act of 1999’’.

6 SEC. 2. 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
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1 the Federal Bureau of Investigation, in coordination

2 with the Assistant Attorney General of the Office of

3 Justice Programs at the Department of Justice, and

4 after consultation with representatives of State and

5 local forensic laboratories, shall develop a voluntary

6 plan to assist State and local forensic laboratories in

7 performing DNA analyses of DNA samples collected

8 from convicted offenders.

9 (2) OBJECTIVE.—The objective of the plan de10 veloped under paragraph (1) shall be to effectively

11 eliminate the backlog of convicted offender DNA

12 samples awaiting analysis in State or local forensic

13 laboratory storage, including samples that need to be

14 reanalyzed using upgraded methods, in an efficient,

15 expeditious manner that will provide for their entry

16 into the Combined DNA Indexing System (CODIS).

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

18 subsection (a) shall—

19 (1) require that each laboratory performing

20 DNA analyses satisfy quality assurance standards

21 and utilize state-of-the-art testing methods, as set

22 forth by the Director of the Federal Bureau of In23 vestigation, in coordination with the Assistant Attor24 ney General of the Office of Justice Programs of the

25 Department of Justice; and
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1 (2) require that each DNA sample collected and

2 analyzed 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) if personally identifiable information is

13 removed, for a population statistics database,

14 for identification research and protocol develop15 ment purposes, or for quality control purposes.

16 (c) IMPLEMENTATION OF PLAN.—Subject to the

17 availability of appropriations under subsection (d), the Di18 rector of the Federal Bureau of Investigation, in coordina19 tion with the Assistant Attorney General of the Office of

20 Justice Programs at the Department of Justice, shall im21 plement the plan developed pursuant to subsection (a)

22 with State and local forensic laboratories that elect to par23 ticipate.

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to the Department of
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1 Justice to carry out this section $15,000,000 for each of

2 fiscal years 2000 and 2001.

3 SEC. 3. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF

4 COLUMBIA, AND MILITARY VIOLENT OFFEND5 ERS.

6 (a) EXPANSION OF DNA IDENTIFICATION INDEX.—

7 Section 811(a)(2) of the Antiterrorism and Effective

8 Death Penalty Act of 1996 (28 U.S.C. 531 note) is

9 amended to read as follows:

10 ‘‘(2) the Director of the Federal Bureau of In11 vestigation shall expand the combined DNA Identi12 fication System (CODIS) to include information on

13 DNA identification records and analyses related to

14 criminal offenses and acts of juvenile delinquency

15 under Federal law, the Uniform Code of Military

16 Justice, and the District of Columbia Code, in ac17 cordance with section 210304 of the Violent Crime

18 Control and Law Enforcement Act of 1994 (42

19 U.S.C. 14132).’’.

20 (b) INDEX TO FACILITATE LAW ENFORCEMENT EX21 CHANGE OF DNA IDENTIFICATION INFORMATION.—Sec22 tion 210304 of the Violent Crime Control and Law En23 forcement Act of 1994 (42 U.S.C. 14132) is amended—

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

25 convicted of crimes’’ and inserting ‘‘individuals con-
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1 victed of criminal offenses or adjudicated delinquent

2 for acts of juvenile delinquency, including qualifying

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

4 (2) in subsection (b)(2), by striking ‘‘, at reg5 ular intervals of not to exceed 180 days,’’ and insert6 ing ‘‘semiannual’’; and

7 (3) by adding at the end the following:

8 ‘‘(d) INCLUSION OF DNA INFORMATION RELATING

9 TO VIOLENT OFFENDERS.—

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

11 ‘‘(A) the term ‘crime of violence’ has the

12 meaning given such term in section 924(c)(3) of

13 title 18, United States Code; and

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

15 criminal offense or act of juvenile delinquency

16 included on the list established by the Director

17 of the Federal Bureau of Investigation under

18 paragraph (2)(A)(i).

19 ‘‘(2) REGULATIONS.—

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

21 days after the date of enactment of this sub22 section, and at the discretion of the Director

23 thereafter, the Director of the Federal Bureau

24 of Investigation, in consultation with the Direc25 tor of the Bureau of Prisons, the Director of
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1 the Court Services and Offender Supervision

2 Agency for the District of Columbia or the

3 Trustee appointed under section 11232(a) of

4 the Balanced Budget Act of 1997 (as appro5 priate), and the Chief of Police of the Metro6 politan Police Department of the District of Co7 lumbia, shall by regulation establish—

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

9 ‘‘(ii) standards and procedures for—

10 ‘‘(I) the analysis of DNA samples

11 collected from individuals convicted of

12 or adjudicated delinquent for a quali13 fying offense;

14 ‘‘(II) the inclusion in the index

15 established by this section of the DNA

16 identification records and DNA anal17 yses relating to the DNA samples de18 scribed in subclause (I); and

19 ‘‘(III) the expungement of DNA

20 identification records and DNA anal21 yses described in subclause (II) from

22 the index established by this section in

23 any circumstance in which the under24 lying conviction or adjudication for
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1 the qualifying offense has been re2 versed or expunged.

3 ‘‘(B) OFFENSES INCLUDED.—The list es4 tablished under subparagraph (A)(i) shall

5 include—

6 ‘‘(i) each criminal offense or act of ju7 venile delinquency under Federal law

8 that—

9 ‘‘(I) constitutes a crime of vio10 lence; or

11 ‘‘(II) in the case of an act of ju12 venile delinquency, would, if com13 mitted by an adult, constitute a crime

14 of violence;

15 ‘‘(ii) each criminal offense under the

16 District of Columbia Code that would, if

17 committed in the special maritime and ter18 ritorial jurisdiction of the United States,

19 constitute a crime of violence; and

20 ‘‘(iii) any other felony offense under

21 Federal law or the District of Columbia

22 Code, as determined by the Director of the

23 Federal Bureau of Investigation.

24 ‘‘(3) FEDERAL OFFENDERS.—
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1 ‘‘(A) COLLECTION OF SAMPLES FROM FED2 ERAL PRISONERS.—

3 ‘‘(i) IN GENERAL.—Beginning 180

4 days after the date of enactment of this

5 subsection, the Director of the Bureau of

6 Prisons shall collect a DNA sample from

7 each individual in the custody of the Bu8 reau of Prisons who has been convicted of

9 or adjudicated delinquent for a qualifying

10 offense.

11 ‘‘(ii) TIME AND MANNER.—The Direc12 tor of the Bureau of Prisons shall specify

13 the time and manner of collection of DNA

14 samples under this subparagraph.

15 ‘‘(B) COLLECTION OF SAMPLES FROM

16 FEDERAL OFFENDERS ON SUPERVISED RE17 LEASE, PAROLE, OR PROBATION.—

18 ‘‘(i) IN GENERAL.—Beginning 180

19 days after the date of enactment of this

20 subsection, the agency responsible for the

21 supervision under Federal law of an indi22 vidual on supervised release, parole, or pro23 bation (other than an individual described

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

25 DNA sample from each individual who has
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1 been convicted of or adjudicated delinquent

2 for a qualifying offense.

3 ‘‘(ii) TIME AND MANNER.—The Direc4 tor of the Administrative Office of the

5 United States Courts shall specify the time

6 and manner of collection of DNA samples

7 under this subparagraph.

8 ‘‘(4) DISTRICT OF COLUMBIA OFFENDERS.—

9 ‘‘(A) OFFENDERS IN CUSTODY OF DIS10 TRICT OF COLUMBIA.—

11 ‘‘(i) IN GENERAL.—The Government

12 of the District of Columbia may—

13 ‘‘(I) identify 1 or more categories

14 of individuals who are in the custody

15 of, or under supervision by, the Dis16 trict of Columbia, from whom DNA

17 samples should be collected; and

18 ‘‘(II) collect a DNA sample from

19 each individual in any category identi20 fied under clause (i).

21 ‘‘(ii) DEFINITION.—In this subpara22 graph, the term ‘individuals in the custody

23 of, or under supervision by, the District of

24 Columbia’—
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1 ‘‘(I) includes any individual in

2 the custody of, or under supervision

3 by, any agency of the Government of

4 the District of Columbia; and

5 ‘‘(II) does not include an indi6 vidual who is under the supervision of

7 the Director of the Court Services and

8 Offender Supervision Agency for the

9 District of Columbia or the Trustee

10 appointed under section 11232(a) of

11 the Balanced Budget Act of 1997.

12 ‘‘(B) OFFENDERS ON SUPERVISED RE13 LEASE, PROBATION, OR PAROLE.—

14 ‘‘(i) IN GENERAL.—Beginning 180

15 days after the date of enactment of this

16 subsection, the Director of the Court Serv17 ices and Offender Supervision Agency for

18 the District of Columbia, or the Trustee

19 appointed under section 11232(a) of the

20 Balanced Budget Act of 1997, as appro21 priate, shall collect a DNA sample from

22 each individual under the supervision of

23 the Agency or Trustee, respectively, who is

24 on supervised release, parole, or probation
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1 who has been convicted of or adjudicated

2 delinquent for a qualifying offense.

3 ‘‘(ii) TIME AND MANNER.—The Direc4 tor or the Trustee, as appropriate, shall

5 specify the time and manner of collection

6 of DNA samples under this subparagraph.

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

8 Notwithstanding any other provision of this sub9 section, a person or agency responsible for the col10 lection of DNA samples under this subsection may—

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

12 an individual under this subsection if another

13 person or agency has collected such a sample

14 from the individual under this subsection or

15 subsection (e); and

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

17 means as are necessary to restrain and collect

18 a DNA sample from an individual who refuses

19 to cooperate in the collection of the sample.

20 ‘‘(e) INCLUSION OF DNA INFORMATION RELATING

21 TO VIOLENT MILITARY OFFENDERS.—

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

23 after the date of enactment of this subsection, the

24 Secretary of Defense shall prescribe regulations

25 that—
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1 ‘‘(A) specify categories of conduct punish2 able under the Uniform Code of Military Jus3 tice (referred to in this subsection as ‘qualifying

4 military offenses’) that are comparable to quali5 fying offenses (as defined in subsection (d)(1));

6 and

7 ‘‘(B) set forth standards and procedures

8 for—

9 ‘‘(i) the analysis of DNA samples col10 lected from individuals convicted of a

11 qualifying military offense;

12 ‘‘(ii) the inclusion in the index estab13 lished by this section of the DNA identi14 fication records and DNA analyses relating

15 to the DNA samples described in clause

16 (i); and

17 ‘‘(iii) the expungement of DNA identi18 fication records and DNA analyses de19 scribed in clause (ii) from the index estab20 lished by this section in any circumstance

21 in which the underlying conviction for the

22 qualifying military offense has been re23 versed or the underlying record has been

24 expunged for any other reason.

25 ‘‘(2) COLLECTION OF SAMPLES.—
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1 ‘‘(A) IN GENERAL.—Beginning 180 days

2 after the date of enactment of this subsection,

3 the Secretary of Defense shall collect a DNA

4 sample from each individual under the jurisdic5 tion of the Secretary of a military department

6 who has been convicted of a qualifying military

7 offense.

8 ‘‘(B) TIME AND MANNER.—The Secretary

9 of Defense shall specify the time and manner of

10 collection of DNA samples under this para11 graph.

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

13 Notwithstanding any other provision of this sub14 section, the Secretary of Defense may—

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

16 an individual under this subsection if another

17 person or agency has collected such a sample

18 from the individual under subsection (d); and

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

20 means as are necessary to restrain and collect

21 a DNA sample from an individual who refuses

22 to cooperate in the collection of the sample.

23 ‘‘(f) CRIMINAL PENALTY.—

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

25 the collection of a DNA sample is required under
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1 subsection (d) who fails to cooperate in the collection

2 of that sample shall be—

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

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

5 United States Code.

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

7 from whom the collection of a DNA sample is re8 quired under subsection (e) who fails to cooperate in

9 the collection of that sample may be punished as a

10 court martial may direct as a violation of the Uni11 form Code of Military Justice.

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

13 are authorized to be appropriated—

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

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

16 the Federal judiciary for any reasonable costs in17 curred in implementing such subsection, as deter18 mined by the Attorney General) and section 3(d) of

19 the Violent Offender DNA Identification Act of

20 1999—

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

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

23 each of fiscal years 2001 through 2004;

24 ‘‘(2) to the Court Services and Offender Super25 vision Agency for the District of Columbia or the
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1 Trustee appointed under section 11232(a) of the

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

3 sums as may be necessary for each of fiscal years

4 2000 through 2004; and

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

6 subsection (e)—

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

8 ‘‘(B) $300,000 for each of fiscal years

9 2001 through 2004.’’.

10 (c) CONDITIONS OF RELEASE.—

11 (1) CONDITIONS OF PROBATION.—Section

12 3563(a) of title 18, United States Code, is

13 amended—

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

15 the end;

16 (B) in paragraph (8), by striking the pe17 riod at the end and inserting ‘‘; and’’; and

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

19 following:

20 ‘‘(9) that the defendant cooperate in the collec21 tion of a DNA sample from the defendant if the col22 lection of such a sample is required pursuant to sec23 tion 210304 of the Violent Crime Control and Law

24 Enforcement Act of 1994 (42 U.S.C. 14132).’’.
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1 (2) CONDITIONS OF SUPERVISED RELEASE.—

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

3 amended by inserting before ‘‘The court shall also

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

5 explicit condition of supervised release, that the de6 fendant cooperate in the collection of a DNA sample

7 from the defendant, if the collection of such a sam8 ple is required pursuant to section 210304 of the

9 Violent Crime Control and Law Enforcement Act of

10 1994 (42 U.S.C. 14132).’’.

11 (3) CONDITIONS OF RELEASE GENERALLY.—If

12 the collection of a DNA sample from an individual

13 on probation, parole, or supervised release (including

14 an individual on parole pursuant to chapter 311 of

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

16 30, 1997) is required pursuant to section 210304 of

17 the Violent Crime Control and Law Enforcement

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

19 not otherwise been collected, the individual shall co20 operate in the collection of a DNA sample as a con21 dition of that probation, parole, or supervised re22 lease.

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

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

25 General, acting through the Assistant Attorney General
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1 for the Office of Justice Programs of the Department of

2 Justice and the Director of the Federal Bureau of Inves3 tigation, shall—

4 (1) conduct an evaluation to—

5 (A) identify criminal offenses, including of6 fenses other than qualifying offenses (as defined

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

8 Control and Law Enforcement Act of 1994 (42

9 U.S.C. 14132(d)(1)), as added by this section)

10 that, if serving as a basis for the mandatory

11 collection of a DNA sample under section

12 210304 of the Violent Crime Control and Law

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

14 under State law, are likely to yield DNA

15 matches, and the relative degree of such likeli16 hood with respect to each such offense; and

17 (B) determine the number of investigations

18 aided (including the number of suspects

19 cleared), and the rates of prosecution and con20 viction of suspects identified through DNA

21 matching; and

22 (2) submit to Congress a report describing the

23 results of the evaluation under paragraph (1).

24 (e) TECHNICAL AND CONFORMING AMENDMENTS.—
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1 (1) DRUG CONTROL AND SYSTEM IMPROVE2 MENT GRANTS.—Section 503(a)(12)(C) of title I of

3 the Omnibus Crime Control and Safe Streets Act of

4 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by

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

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

7 (2) DNA IDENTIFICATION GRANTS.—Section

8 2403(3) of title I of the Omnibus Crime Control and

9 Safe Streets Act of 1968 (42 U.S.C. 3796kk–2(3))

10 is amended by striking ‘‘, at regular intervals not ex11 ceeding 180 days,’’ and inserting ‘‘semiannual’’.

12 (3) FEDERAL BUREAU OF INVESTIGATION.—

13 Section 210305(a)(1)(A) of the Violent Crime Con14 trol and Law Enforcement Act of 1994 (42 U.S.C.

15 14133(a)(1)(A)) is amended by striking ‘‘, at reg16 ular intervals of not to exceed 180 days,’’ and insert17 ing ‘‘semiannual’’.

Æ