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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4614 Referred in Senate (RFS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Katie Sepich Enhanced DNA Collection 
Act of 2010''.

SEC. 2. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS PROGRAM FOR STATES TO 
              IMPLEMENT MINIMUM AND ENHANCED DNA COLLECTION PROCESSES.

    Section 505 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end 
the following new subsection:
    ``(i) Payment Incentives for States to Implement Minimum and 
Enhanced DNA Collection Processes.--
            ``(1) Payment incentives.--
                    ``(A) Bonus for minimum dna collection process.--
                Subject to subparagraph (B), in the case of a State 
                that receives funds for a fiscal year (beginning with 
                fiscal year 2011) under this subpart and has 
                implemented a minimum DNA collection process and uses 
                such process for such year, the amount of funds that 
                would otherwise be allocated under this subpart to such 
                State for such fiscal year shall be increased by 5 
                percent.
                    ``(B) Bonus for enhanced dna collection process.--
                In the case of a State that receives funds for a fiscal 
                year (beginning with fiscal year 2011) under this 
                subpart and has implemented an enhanced DNA collection 
                process and uses such process for such year, the amount 
                of funds that would otherwise be allocated under this 
                subpart to such State for such fiscal year shall be 
                increased by 10 percent.
            ``(2) Definitions.--For purposes of this subsection:
                    ``(A) Minimum dna collection process.--The term 
                `minimum DNA collection process' means, with respect to 
                a State, a process under which the Combined DNA Index 
                System (CODIS) of the Federal Bureau of Investigation 
                is searched at least one time against samples from the 
                following individuals who are at least 18 years of age:
                            ``(i) Such individuals who are arrested 
                        for, charged with, or indicted for a criminal 
                        offense under State law that consists of murder 
                        or voluntary manslaughter or any attempt to 
                        commit murder or voluntary manslaughter.
                            ``(ii) Such individuals who are arrested 
                        for, charged with, or indicted for 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 5 years, or an attempt to commit 
                        such an offense.
                            ``(iii) Such individuals who are arrested 
                        for, charged with, or indicted for a criminal 
                        offense under State law that has an element of 
                        kidnaping or abduction punishable by 
                        imprisonment for 5 years or more.
                    ``(B) Enhanced dna collection process.--The term 
                `enhanced DNA collection process' means, with respect 
                to a State, a process under which the State provides 
                for the collection, for purposes of inclusion in the 
                Combined DNA Index System (CODIS) of the Federal Bureau 
                of Investigation, of DNA samples from the following 
                individuals who are at least 18 years of age:
                            ``(i) Such individuals who are arrested for 
                        or charged with a criminal offense under State 
                        law that consists of murder or voluntary 
                        manslaughter or any attempt to commit murder or 
                        voluntary manslaughter.
                            ``(ii) Such 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, or an attempt to commit such an 
                        offense.
                            ``(iii) Such individuals who are arrested 
                        for or charged with a criminal offense under 
                        State law that consists of a specified offense 
                        against a minor (as defined in section 111(7) 
                        of the Sex Offender Registration and 
                        Notification Act (42 U.S.C. 16911(7)), or an 
                        attempt to commit such an offense.
                            ``(iv) Such individuals who are arrested 
                        for or charged with a criminal offense under 
                        State law that consists of burglary or any 
                        attempt to commit burglary.
                            ``(v) Such individuals who are arrested for 
                        or charged with a criminal offense under State 
                        law that consists of aggravated assault.
            ``(3) Expungement of profiles.--The expungement 
        requirements under section 210304(d) of the DNA Identification 
        Act of 1994 (42 U.S.C. 14132(d)) shall apply to any samples 
        collected pursuant to this subsection for purposes of inclusion 
        in the Combined DNA Index System (CODIS) of the Federal Bureau 
        of Investigation.
            ``(4) Reports.--The Attorney General shall submit to the 
        Committee of the Judiciary of the House of Representatives and 
        the Committee of the Judiciary of the Senate an annual report 
        (which shall be made publicly available) that--
                    ``(A) lists the States, for the year involved--
                            ``(i) which have (and those States which 
                        have not) implemented a minimum DNA collection 
                        process and use such process; and
                            ``(ii) which have (and those States which 
                        have not) implemented an enhanced DNA 
                        collection process and use such process;
                    ``(B) describes the increases granted to States 
                under paragraph (1) for the year involved and the 
                amounts that States not receiving an increase under 
                such paragraph would have received if such States had a 
                minimum or enhanced DNA collection process; and
                    ``(C) includes statistics, with respect to the year 
                involved, regarding the benefits to law enforcement 
                resulting from the implementation of minimum and 
                enhanced DNA collection processes, including the number 
                of matches made due to the inclusion of arrestee 
                profiles under such a process.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection for each of the 
        fiscal years 2011 through 2015, in addition to funds made 
        available under section 508, such sums as may be necessary, but 
        not to exceed the amount that is 10 percent of the total amount 
        appropriated pursuant to such section for such fiscal year.''.

            Passed the House of Representatives May 18, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
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