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 min-
imum and enhanced DNA collection processes. 
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 ‘‘Katie Sepich Enhanced 
DNA Collection Act of 2010’’. 
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SEC. 2. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS 
PROGRAM FOR STATES TO IMPLEMENT MIN-
IMUM 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 amend-
ed by adding at the end the following new subsection: 
‘‘(i) PAYMENT INCENTIVES FOR STATES TO IMPLE-
MENT MINIMUM
AND ENHANCED DNA COLLECTION 
PROCESSES.— 
‘‘(1) PAYMENT INCENTIVES.— 
‘‘(A) BONUS.—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 proc-
ess and uses such process for such year, the 
amount of funds that would otherwise be allo-
cated under this subpart to such State for such 
fiscal year shall be increased by 10 percent. 
‘‘(B) PENALTY.—In the case of a State 
that receives funds for a fiscal year (beginning 
with fiscal year 2011) and that has not imple-
mented or used either a minimum DNA collec-
tion process or an enhanced DNA collection 
process for such year, the amount of such funds 
that would otherwise be allocated under this 
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subpart to such State for such fiscal year shall 
be decreased by 5 percent. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) MINIMUM
DNA
COLLECTION
PROC-
ESS.—The term ‘minimum DNA collection 
process’ means, with respect to a State, a proc-
ess under which a keyboard DNA search is con-
ducted of DNA samples from the following indi-
viduals who are at least 18 years of age: 
‘‘(i) Such individuals who are arrested 
for, charged with, or indicted for a crimi-
nal 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 ar-
rested 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 punish-
able by imprisonment for more than 5 
years, or an attempt to commit such an of-
fense. 
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‘‘(iii) Such individuals who are ar-
rested for, charged with, or indicted for a 
criminal offense under State law that has 
an element of kidnaping or abduction pun-
ishable by imprisonment for 5 years or 
more. 
‘‘(B) ENHANCED DNA COLLECTION PROC-
ESS.—The term ‘enhanced DNA collection proc-
ess’ means, with respect to a State, a process 
under which the State provides for the collec-
tion, 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 ar-
rested for or charged with a criminal of-
fense under State law that has an element 
involving a sexual act or sexual contact 
with another and that is punishable by im-
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prisonment for more than 1 year, or an at-
tempt to commit such an offense. 
‘‘(iii) Such individuals who are ar-
rested for or charged with a criminal of-
fense under State law that consists of a 
specified offense against a minor (as de-
fined in section 111(7) of the Sex Offender 
Registration and Notification Act (42 
U.S.C. 16911(7)), or an attempt to com-
mit such an offense. 
‘‘(iv) Such individuals who are ar-
rested for or charged with a criminal of-
fense under State law that consists of bur-
glary or any attempt to commit burglary. 
‘‘(v) Such individuals who are ar-
rested for or charged with a criminal of-
fense under State law that consists of ag-
gravated assault. 
‘‘(C) KEYBOARD SEARCH.—The term ‘key-
board DNA search’ means a search under 
which DNA from an individual who is arrested 
for or charged with a criminal offense is com-
pared with information in the National DNA 
Index System, described in section 210304(a) 
of the DNA Identification Act of 1994 (42 
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U.S.C. 14132(a)), without resulting in the in-
formation being included in the index. 
‘‘(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 pur-
suant to this subsection for purposes of inclusion in 
the Combined DNA Index System (CODIS) of the 
Federal Bureau of Investigation. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated, in addition 
to funds made available under section 508, such 
sums as may be necessary to carry out this sub-
section for each of the fiscal years 2011 through 
2015.’’. 
Æ 
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