I 

111TH CONGRESS 

2D SESSION H. R. 4614 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2010 

Mr. TEAGUE (for himself and Mr. SCHIFF) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 DNA Collection Act of 2010’’. 


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1 SEC. 2. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS 

2 PROGRAM FOR STATES TO IMPLEMENT MIN3 IMUM AND ENHANCED DNA COLLECTION 

4 PROCESSES. 

5 Section 505 of title I of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (42 U.S.C. 3755) is amend7 ed by adding at the end the following new subsection: 

8 ‘‘(i) PAYMENT INCENTIVES FOR STATES TO IMPLE9 MENT MINIMUM AND ENHANCED DNA COLLECTION

10 PROCESSES.— 

11 ‘‘(1) PAYMENT INCENTIVES.— 

12 ‘‘(A) BONUS.—In the case of a State that 

13 receives funds for a fiscal year (beginning with 

14 fiscal year 2011) under this subpart and has 

15 implemented an enhanced DNA collection proc16 ess and uses such process for such year, the 

17 amount of funds that would otherwise be allo18 cated under this subpart to such State for such 

19 fiscal year shall be increased by 10 percent. 

20 ‘‘(B) PENALTY.—In the case of a State 

21 that receives funds for a fiscal year (beginning 

22 with fiscal year 2011) and that has not imple23 mented or used either a minimum DNA collec24 tion process or an enhanced DNA collection 

25 process for such year, the amount of such funds 

26 that would otherwise be allocated under this 


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1 subpart to such State for such fiscal year shall 

2 be decreased by 5 percent. 

3 ‘‘(2) DEFINITIONS.—For purposes of this sub4 section: 

5 ‘‘(A) MINIMUM DNA COLLECTION PROC6 ESS.—The term ‘minimum DNA collection 

7 process’ means, with respect to a State, a proc8 ess under which a keyboard DNA search is con9 ducted of DNA samples from the following indi10 viduals who are at least 18 years of age: 

11 ‘‘(i) Such individuals who are arrested 

12 for, charged with, or indicted for a crimi13 nal offense under State law that consists of 

14 murder or voluntary manslaughter or any 

15 attempt to commit murder or voluntary 

16 manslaughter. 

17 ‘‘(ii) Such individuals who are ar18 rested for, charged with, or indicted for a 

19 criminal offense under State law that has 

20 an element involving a sexual act or sexual 

21 contact with another and that is punish22 able by imprisonment for more than 5 

23 years, or an attempt to commit such an of24 fense. 


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1 ‘‘(iii) Such individuals who are ar2 rested for, charged with, or indicted for a 

3 criminal offense under State law that has 

4 an element of kidnaping or abduction pun5 ishable by imprisonment for 5 years or 

6 more. 

7 ‘‘(B) ENHANCED DNA COLLECTION PROC8 ESS.—The term ‘enhanced DNA collection proc9 ess’ means, with respect to a State, a process 

10 under which the State provides for the collec11 tion, for purposes of inclusion in the Combined 

12 DNA Index System (CODIS) of the Federal 

13 Bureau of Investigation, of DNA samples from 

14 the following individuals who are at least 18 

15 years of age: 

16 ‘‘(i) Such individuals who are arrested 

17 for or charged with a criminal offense 

18 under State law that consists of murder or 

19 voluntary manslaughter or any attempt to 

20 commit murder or voluntary manslaughter. 

21 ‘‘(ii) Such individuals who are ar22 rested for or charged with a criminal of23 fense under State law that has an element 

24 involving a sexual act or sexual contact 

25 with another and that is punishable by imVerDate Nov 24 2008 05:25 Feb 05, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4614.IH H4614

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1 prisonment for more than 1 year, or an at2 tempt to commit such an offense. 

3 ‘‘(iii) Such individuals who are ar4 rested for or charged with a criminal of5 fense under State law that consists of a 

6 specified offense against a minor (as de7 fined in section 111(7) of the Sex Offender 

8 Registration and Notification Act (42 

9 U.S.C. 16911(7)), or an attempt to com10 mit such an offense. 

11 ‘‘(iv) Such individuals who are ar12 rested for or charged with a criminal of13 fense under State law that consists of bur14 glary or any attempt to commit burglary. 

15 ‘‘(v) Such individuals who are ar16 rested for or charged with a criminal of17 fense under State law that consists of ag18 gravated assault. 

19 ‘‘(C) KEYBOARD SEARCH.—The term ‘key20 board DNA search’ means a search under 

21 which DNA from an individual who is arrested 

22 for or charged with a criminal offense is com23 pared with information in the National DNA 

24 Index System, described in section 210304(a) 

25 of the DNA Identification Act of 1994 (42 


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1 U.S.C. 14132(a)), without resulting in the in2 formation being included in the index. 

3 ‘‘(3) EXPUNGEMENT OF PROFILES.—The 

4 expungement requirements under section 210304(d) 

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

6 14132(d)) shall apply to any samples collected pur7 suant to this subsection for purposes of inclusion in 

8 the Combined DNA Index System (CODIS) of the 

9 Federal Bureau of Investigation. 

10 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated, in addition 

12 to funds made available under section 508, such 

13 sums as may be necessary to carry out this sub14 section for each of the fiscal years 2011 through 

15 2015.’’. 

Æ 


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