IIB 

111TH CONGRESS 

2D SESSION H. R. 4614 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2010 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend part E of title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 to provide for incentive 

payments under the Edward Byrne Memorial Justice 

Assistance Grant program for States to implement minimum and enhanced DNA collection processes. 

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. 

2 This Act may be cited as the ‘‘Katie Sepich Enhanced 

3 DNA Collection Act of 2010’’. 

4 SEC. 2. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS 

5 PROGRAM FOR STATES TO IMPLEMENT MIN6 IMUM AND ENHANCED DNA COLLECTION 

7 PROCESSES. 

8 Section 505 of title I of the Omnibus Crime Control 

9 and Safe Streets Act of 1968 (42 U.S.C. 3755) is amend10 ed by adding at the end the following new subsection: 

11 ‘‘(i) PAYMENT INCENTIVES FOR STATES TO IMPLE12 MENT MINIMUM AND ENHANCED DNA COLLECTION

13 PROCESSES.— 

14 ‘‘(1) PAYMENT INCENTIVES.— 

15 ‘‘(A) BONUS FOR MINIMUM DNA COLLEC16 TION PROCESS.—Subject to subparagraph (B), 

17 in the case of a State that receives funds for a 

18 fiscal year (beginning with fiscal year 2011) 

19 under this subpart and has implemented a min20 imum DNA collection process and uses such 

21 process for such year, the amount of funds that 

22 would otherwise be allocated under this subpart 

23 to such State for such fiscal year shall be in24 creased by 5 percent. 

25 ‘‘(B) BONUS FOR ENHANCED DNA COLLEC26 TION PROCESS.—In the case of a State that reVerDate Mar 15 2010 00:19 May 20, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4614.RFS H4614

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1 ceives funds for a fiscal year (beginning with 

2 fiscal year 2011) under this subpart and has 

3 implemented an enhanced DNA collection proc4 ess and uses such process for such year, the 

5 amount of funds that would otherwise be allo6 cated under this subpart to such State for such 

7 fiscal year shall be increased by 10 percent. 

8 ‘‘(2) DEFINITIONS.—For purposes of this sub9 section: 

10 ‘‘(A) MINIMUM DNA COLLECTION PROC11 ESS.—The term ‘minimum DNA collection 

12 process’ means, with respect to a State, a proc13 ess under which the Combined DNA Index Sys14 tem (CODIS) of the Federal Bureau of Inves15 tigation is searched at least one time against 

16 samples from the following individuals who are 

17 at least 18 years of age: 

18 ‘‘(i) Such individuals who are arrested 

19 for, charged with, or indicted for a crimi20 nal offense under State law that consists of 

21 murder or voluntary manslaughter or any 

22 attempt to commit murder or voluntary 

23 manslaughter. 

24 ‘‘(ii) Such individuals who are ar25 rested for, charged with, or indicted for a 


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1 criminal offense under State law that has 

2 an element involving a sexual act or sexual 

3 contact with another and that is punish4 able by imprisonment for more than 5 

5 years, or an attempt to commit such an of6 fense. 

7 ‘‘(iii) Such individuals who are ar8 rested for, charged with, or indicted for a 

9 criminal offense under State law that has 

10 an element of kidnaping or abduction pun11 ishable by imprisonment for 5 years or 

12 more. 

13 ‘‘(B) ENHANCED DNA COLLECTION PROC14 ESS.—The term ‘enhanced DNA collection proc15 ess’ means, with respect to a State, a process 

16 under which the State provides for the collec17 tion, for purposes of inclusion in the Combined 

18 DNA Index System (CODIS) of the Federal 

19 Bureau of Investigation, of DNA samples from 

20 the following individuals who are at least 18 

21 years of age: 

22 ‘‘(i) Such individuals who are arrested 

23 for or charged with a criminal offense 

24 under State law that consists of murder or 


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1 voluntary manslaughter or any attempt to 

2 commit murder or voluntary manslaughter. 

3 ‘‘(ii) Such individuals who are ar4 rested for or charged with a criminal of5 fense under State law that has an element 

6 involving a sexual act or sexual contact 

7 with another and that is punishable by im8 prisonment for more than 1 year, or an at9 tempt to commit such an offense. 

10 ‘‘(iii) Such individuals who are ar11 rested for or charged with a criminal of12 fense under State law that consists of a 

13 specified offense against a minor (as de14 fined in section 111(7) of the Sex Offender 

15 Registration and Notification Act (42 

16 U.S.C. 16911(7)), or an attempt to com17 mit such an offense. 

18 ‘‘(iv) Such individuals who are ar19 rested for or charged with a criminal of20 fense under State law that consists of bur21 glary or any attempt to commit burglary. 

22 ‘‘(v) Such individuals who are ar23 rested for or charged with a criminal of24 fense under State law that consists of ag25 gravated assault. 


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1 ‘‘(3) EXPUNGEMENT OF PROFILES.—The 

2 expungement requirements under section 210304(d) 

3 of the DNA Identification Act of 1994 (42 U.S.C. 

4 14132(d)) shall apply to any samples collected pur5 suant to this subsection for purposes of inclusion in 

6 the Combined DNA Index System (CODIS) of the 

7 Federal Bureau of Investigation. 

8 ‘‘(4) REPORTS.—The Attorney General shall 

9 submit to the Committee of the Judiciary of the 

10 House of Representatives and the Committee of the 

11 Judiciary of the Senate an annual report (which 

12 shall be made publicly available) that— 

13 ‘‘(A) lists the States, for the year in14 volved— 

15 ‘‘(i) which have (and those States 

16 which have not) implemented a minimum 

17 DNA collection process and use such proc18 ess; and 

19 ‘‘(ii) which have (and those States 

20 which have not) implemented an enhanced 

21 DNA collection process and use such proc22 ess; 

23 ‘‘(B) describes the increases granted to 

24 States under paragraph (1) for the year in25 volved and the amounts that States not receivVerDate Mar 15 2010 00:19 May 20, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4614.RFS H4614

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1 ing an increase under such paragraph would 

2 have received if such States had a minimum or 

3 enhanced DNA collection process; and 

4 ‘‘(C) includes statistics, with respect to the 

5 year involved, regarding the benefits to law en6 forcement resulting from the implementation of 

7 minimum and enhanced DNA collection proc8 esses, including the number of matches made 

9 due to the inclusion of arrestee profiles under 

10 such a process. 

11 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this subsection for each of the fiscal years 2011 

14 through 2015, in addition to funds made available 

15 under section 508, such sums as may be necessary, 

16 but not to exceed the amount that is 10 percent of 

17 the total amount appropriated pursuant to such sec18 tion for such fiscal year.’’. 

Passed the House of Representatives May 18, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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