IIB 
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 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, 
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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 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 FOR MINIMUM DNA COLLEC-
TION 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 min-
imum 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 in-
creased by 5 percent. 
‘‘(B) BONUS FOR ENHANCED DNA COLLEC-
TION PROCESS.—In the case of a State that re-
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ceives 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. 
‘‘(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 the Combined DNA Index Sys-
tem (CODIS) of the Federal Bureau of Inves-
tigation 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 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 
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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. 
‘‘(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 
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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-
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. 
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‘‘(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) 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 in-
volved— 
‘‘(i) which have (and those States 
which have not) implemented a minimum 
DNA collection process and use such proc-
ess; and 
‘‘(ii) which have (and those States 
which have not) implemented an enhanced 
DNA collection process and use such proc-
ess; 
‘‘(B) describes the increases granted to 
States under paragraph (1) for the year in-
volved and the amounts that States not receiv-
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ing 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 en-
forcement resulting from the implementation of 
minimum and enhanced DNA collection proc-
esses, 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 sec-
tion for such fiscal year.’’. 
Passed the House of Representatives May 18, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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