II 

112TH CONGRESS 

1ST SESSION S. 517 

To authorize the Attorney General to award grants for States to implement 

minimum and enhanced DNA collection processes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2011 

Mr. BINGAMAN (for himself, Mr. UDALL of New Mexico, Mr. SCHUMER, Mr. 

KYL, and Mr. BENNET) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To authorize the Attorney General to award grants 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 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 For purposes of this Act: 

8 (1) MINIMUM DNA COLLECTION PROCESS.—The 

9 term ‘‘minimum DNA collection process’’ means, 


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1 with respect to a State, a process under which the 

2 Combined DNA Index System (CODIS) of the Fed3 eral Bureau of Investigation is searched at least 1 

4 time against samples from the following individuals 

5 who are at least 18 years of age: 

6 (A) Individuals who are arrested for or 

7 charged with a criminal offense under State law 

8 that consists of murder or voluntary man9 slaughter. 

10 (B) Individuals who are arrested for or 

11 charged with a criminal offense under State law 

12 that has an element involving a sexual act or 

13 sexual contact with another and that is punish14 able by imprisonment for more than 5 years. 

15 (C) Individuals who are arrested for or 

16 charged with a criminal offense under State law 

17 that has an element of kidnapping or abduction 

18 and that is punishable by imprisonment for 

19 more than 5 years. 

20 (2) ENHANCED DNA COLLECTION PROCESS.— 

21 The term ‘‘enhanced DNA collection process’’ 

22 means, with respect to a State, a process under 

23 which the State provides for the collection, for pur24 poses of inclusion in the Combined DNA Index Sys25 tem (CODIS) of the Federal Bureau of InvestigaVerDate Mar 15 2010 00:26 Mar 10, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S517.IS S517

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1 tion, of DNA samples from the following individuals 

2 who are at least 18 years of age: 

3 (A) Individuals who are arrested for or 

4 charged with a criminal offense under State law 

5 that consists of murder or voluntary man6 slaughter. 

7 (B) Individuals who are arrested for or 

8 charged with a criminal offense under State law 

9 that has an element involving a sexual act or 

10 sexual contact with another and that is punish11 able by imprisonment for more than 1 year. 

12 (C) Individuals who are arrested for or 

13 charged with a criminal offense under State law 

14 that has an element of kidnapping or abduction 

15 and that is punishable by imprisonment for 

16 more than 1 year. 

17 (D) Individuals who are arrested for or 

18 charged with a criminal offense under State law 

19 that consists of burglary punishable by impris20 onment for more than 1 year. 

21 (E) Individuals who are arrested for or 

22 charged with a criminal offense under State law 

23 that consists of aggravated assault punishable 

24 by imprisonment for more than 1 year. 


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1 (3) STATE.—The term ‘‘State’’ means any 

2 State of the United States, the District of Columbia, 

3 the Commonwealth of Puerto Rico, the Virgin Is4 lands, American Samoa, Guam, and the Common5 wealth of the Northern Mariana Islands. 

6 SEC. 3. INCENTIVE PAYMENTS FOR STATES TO IMPLEMENT 

7 MINIMUM AND ENHANCED DNA COLLECTION 

8 PROCESSES. 

9 (a) GRANTS AUTHORIZED.—The Attorney General 

10 shall carry out a grant program under which the Attorney 

11 General may make grants to States for the purpose of as12 sisting States with the costs associated with the implemen13 tation of minimum or enhanced DNA collection processes. 

14 (b) APPLICATIONS.— 

15 (1) IN GENERAL.—To be eligible to receive a 

16 grant under this section, in addition to any other re17 quirements specified by the Attorney General, a 

18 State shall submit to the Attorney General an appli19 cation that demonstrates that it has instituted poli20 cies, protocols, or regulations requiring the imple21 mentation of either a minimum or enhanced DNA 

22 collection process. 

23 (2) OTHER REQUIREMENTS.—The Attorney 

24 General may require a State desiring a grant under 

25 this section to document, for review by the Attorney 


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1 General, the first year expenses associated with a 

2 State’s implementation or planned implementation of 

3 a minimum or enhanced DNA collection process. 

4 (c) GRANT ALLOCATION.—The amount available to 

5 a State under this section shall be equivalent to the first6 year costs to that State of implementing a minimum or 

7 enhanced DNA collection process. The Attorney General 

8 retains discretion to determine the amount of each such 

9 grant awarded to an eligible State. 

10 SEC. 4. BONUS PAYMENTS FOR STATES WHICH HAVE IM11 PLEMENTED AN ENHANCED DNA COLLEC12 TION PROCESS. 

13 In the case of a State that has implemented an en14 hanced DNA collection process and uses such process for 

15 a fiscal year, the State shall be eligible to receive a bonus 

16 payment equivalent to the amount available to such State 

17 under section 3. 

18 SEC. 5. CONDITIONS OF RECEIVING INCENTIVE AND BONUS 

19 PAYMENTS. 

20 As a condition of receiving an incentive grant or 

21 bonus payment under sections 3 or 4, a State shall have 

22 a procedure in place to— 

23 (1) provide written notification of expungement 

24 provisions and instructions for requesting 


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1 expungement to all persons who submit a DNA sam2 ple for inclusion in the index; 

3 (2) provide the eligibility criteria for 

4 expungement and instructions for requesting 

5 expungement on an appropriate public website; and 

6 (3) make a determination on all expungement 

7 requests not later than 90 days after receipt and 

8 provide a written response of the determination to 

9 the requesting party. 

10 SEC. 6. EXPUNGEMENT OF PROFILES. 

11 The expungement requirements under section 

12 210304(d) of the DNA Identification Act of 1994 (42 

13 U.S.C. 14132(d)) shall apply to any samples collected pur14 suant to this Act for purposes of inclusion in the Com15 bined DNA Index System (CODIS) of the Federal Bureau 

16 of Investigation. 

17 SEC. 7. REPORTS. 

18 The Attorney General shall submit to the Committee 

19 of the Judiciary of the House of Representatives and the 

20 Committee of the Judiciary of the Senate an annual report 

21 (which shall be made publicly available) that— 

22 (1) lists the States, for the year involved— 

23 (A) which have (and those States which 

24 have not) implemented a minimum DNA collec25 tion process and use such process; and 


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1 (B) which have (and those States which 

2 have not) implemented an enhanced DNA col3 lection process and use such process; and 

4 (2) includes statistics, with respect to the year 

5 involved, regarding the benefits to law enforcement 

6 resulting from the implementation of minimum and 

7 enhanced DNA collection processes, including the 

8 number of matches made due to the inclusion of ar9 restee profiles under such a process. 

10 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as may be necessary to carry out this Act for each of the 

13 fiscal years 2012 through 2016. 

Æ 


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