Katie Sepich Enhanced DNA Collection Act of 2012
PL 112-253 (H.R.6014), enacted 01/10/2013

126 STAT. 2407 
PUBLIC LAW 112–249—JAN. 10, 2013 
Public Law 112–253 
112th Congress 
An Act 
To authorize the Attorney General to award grants for States to implement DNA 
arrestee 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 2012’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) DNA ARRESTEE COLLECTION PROCESS.—The term ‘‘DNA 
arrestee collection process’’ means, with respect to a State, 
a process under which the State provides for the collection, 
for purposes of inclusion in the index described in section 
210304(a) of the DNA Identification Act of 1994 (42 U.S.C. 
14132(a)) (in this Act referred to as the ‘‘National DNA Index 
System’’), of DNA profiles or DNA data from the following 
individuals who are at least 18 years of age: 
(A) Individuals who are arrested for or charged with 
a criminal offense under State law that consists of a homi-
cide. 
(B) 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. 
(C) Individuals who are arrested for or charged with 
a criminal offense under State law that has an element 
of kidnaping or abduction and that is punishable by impris-
onment for more than 1 year. 
(D) Individuals who are arrested for or charged with 
a criminal offense under State law that consists of burglary 
punishable by imprisonment for more than 1 year. 
(E) Individuals who are arrested for or charged with 
a criminal offense under State law that consists of aggra-
vated assault punishable by imprisonment for more than 
1 year. 
(2) STATE.—The term ‘‘State’’ means any State of the 
United States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, American Samoa, Guam, 
and the Commonwealth of the Northern Mariana Islands. 
42 USC 14137. 
42 USC 13701 
note. 
Katie Sepich 
Enhanced DNA 
Collection Act of 
2012. 
Jan. 10, 2013 
[H.R. 6014] 
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126 STAT. 2408 
PUBLIC LAW 112–249—JAN. 10, 2013 
SEC. 3. GRANTS TO STATES TO IMPLEMENT DNA ARRESTEE COLLEC-
TION PROCESSES. 
(a) IN
GENERAL.—The Attorney General shall, subject to 
amounts made available pursuant to section 5, carry out a grant 
program for the purpose of assisting States with the costs associated 
with the implementation of DNA arrestee collection processes. 
(b) APPLICATIONS.— 
(1) IN GENERAL.—To be eligible to receive a grant under 
this section, in addition to any other requirements specified 
by the Attorney General, a State shall submit to the Attorney 
General an application that demonstrates that it has statutory 
authorization for the implementation of a DNA arrestee collec-
tion process. 
(2) NON-SUPPLANTING
FUNDS.—An application submitted 
under paragraph (1) by a State shall include assurances that 
the amounts received under the grant under this section shall 
be used to supplement, not supplant, State funds that would 
otherwise be available for the purpose described in subsection 
(a). 
(3) OTHER
REQUIREMENTS.—The Attorney General shall 
require a State seeking a grant under this section to document 
how such State will use the grant to meet expenses associated 
with a State’s implementation or planned implementation of 
a DNA arrestee collection process. 
(c) GRANT ALLOCATION.— 
(1) IN GENERAL.—The amount available to a State under 
this section shall be based on the projected costs that will 
be incurred by the State to implement a DNA arrestee collection 
process. Subject to paragraph (2), the Attorney General shall 
retain discretion to determine the amount of each such grant 
awarded to an eligible State. 
(2) MAXIMUM GRANT ALLOCATION.—In the case of a State 
seeking a grant under this section with respect to the 
implementation of a DNA arrestee collection process, such State 
shall be eligible for a grant under this section that is equal 
to no more than 100 percent of the first year costs to the 
State of implementing such process. 
(d) GRANT CONDITIONS.—As a condition of receiving a grant 
under this section, a State shall have a procedure in place to— 
(1) provide written notification of expungement provisions 
and instructions for requesting expungement to all persons 
who submit a DNA profile or DNA data for inclusion in the 
index; 
(2) provide the eligibility criteria for expungement and 
instructions for requesting expungement on an appropriate 
public Web site; and 
(3) make a determination on all expungement requests 
not later than 90 days after receipt and provide a written 
response of the determination to the requesting party. 
SEC. 4. 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 DNA profile or DNA data collected pursuant to this Act 
for purposes of inclusion in the National DNA Index System. 
Applicability. 
42 USC 14137b. 
Determination. 
Deadline. 
Notification. 
Criteria. 
Web posting. 
Notification. 
Procedures. 
42 USC 14137a. 
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126 STAT. 2409 
PUBLIC LAW 112–249—JAN. 10, 2013 
LEGISLATIVE HISTORY—H.R. 6014: 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
Dec. 18, considered and passed House. 
Dec. 28, considered and passed Senate. 
SEC. 5. OFFSET OF FUNDS APPROPRIATED. 
Any funds appropriated to carry out this Act, not to exceed 
$10,000,000 for each of fiscal years 2013 through 2015, shall be 
derived from amounts appropriated pursuant to subsection (j) of 
section 2 of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135) in each such fiscal year for grants under such 
section. 
SEC. 6. CONFORMING AMENDMENT TO THE DEBBIE SMITH DNA BACK-
LOG GRANT PROGRAM. 
Section 2(a) of the DNA Analysis Backlog Elimination Act 
of 2000 (42 U.S.C. 14135(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(6) To implement a DNA arrestee collection process con-
sistent with the Katie Sepich Enhanced DNA Collection Act 
of 2012.’’. 
Approved January 10, 2013. 
42 USC 14137c. 
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