I
107TH CONGRESS
2D SESSION
H. R. 5592
To eliminate the backlog in performing DNA analyses of DNA samples
collected from convicted child sex offenders, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 9, 2002
Mr. KING introduced the following bill; which was referred to the Committee
on Judiciary
A BILL
To eliminate the backlog in performing DNA analyses of
DNA samples collected from convicted child sex offend-
ers, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Convicted Child Sex
Offender DNA Index System Support Act’’.
SEC. 2. ELIMINATION OF CHILD SEX OFFENDER DNA BACK-
LOG.
(a) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—Not later than 45 days after
the date of the enactment of this Act, the Director
of the Federal Bureau of Investigation, after con-
sultation with representatives of the States and of
appropriate Federal agencies, shall develop a plan to
assist States in performing DNA analyses of DNA
samples collected from convicted child sex offenders.
(2) OBJECTIVE.—The objective of the plan de-
veloped under paragraph (1) shall be to effectively
eliminate the backlog of convicted child sex offender
DNA samples awaiting analysis in State or local fo-
rensic laboratory storage, including samples that
need to be reanalyzed using upgraded methods, in
an efficient, expeditious manner that will provide for
the entry of those analyses into the combined DNA
Indexing System (CODIS).
(3) PREFERENCE IN FUNDING.—In providing
assistance to States under the plan, the Director
shall give a preference in assistance to those States
that have developed a comprehensive program for
the DNA analysis of crime scene evidence in case-
work for which there are no suspects.
(b) PLAN CONDITIONS.—The plan developed under
subsection (a) shall require the following:
(1) That the Director of the Federal Bureau
Investigation—
(A) establish requirements for the perform-
ance of DNA analyses by private forensic lab-
oratories, including quality assurance stand-
ards, state-of-the-art testing methods, and other
requirements that the Director considers appro-
priate; and
(B) determine which private forensic lab-
oratories satisfy the requirements established
pursuant to subparagraph (A).
(2) That a laboratory may perform DNA anal-
yses under the plan only if it is a private forensic
laboratory determined under paragraph (1)(B) to
satisfy the requirements established pursuant to
paragraph (1)(A).
(3) That the Director of the Federal Bureau of
Investigation provide assistance under the plan only
pursuant to arrangements with private forensic lab-
oratories that have been determined under para-
graph (1)(B) to satisfy the requirements established
pursuant to paragraph (1)(A).
(4) That under each such arrangement—
(A) the Director shall determine, for each
State to which assistance is provided under the
plan, the quantity of convicted child sex of-
fender DNA samples awaiting analysis in that
State on which the laboratory shall perform
DNA analysis;
(B) the laboratory shall perform those
DNA analyses; and
(C) the Director shall, on behalf of that
State, provide funding to the laboratory to
cover the costs of those DNA analyses.
(5) That each DNA sample collected and ana-
lyzed under the plan be accessible only—
(A) to criminal justice agencies for law en-
forcement identification purposes;
(B) in judicial proceedings, if otherwise ad-
missible pursuant to applicable statutes or
rules;
(C) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged; or
(D) for validation studies and protocol de-
velopment purposes, if personally identifiable
information is removed.
(c) IMPLEMENTATION
OF PLAN.—Subject to the
availability of appropriations under subsection (d), the Di-
rector of the Federal Bureau of Investigation shall imple-