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34 U.S.C. § 40702 — Collection and use of DNA identification information from certain Federal offenders

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40702 — Collection and use of DNA identification information from certain Federal offenders

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Source file: Laws/federal/codes/united-states-code/title-34/section-40702-collection-and-use-of-dna-identification-information-from-certain-federa--4c724bddd5.md
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Source location: Title 34, Chapter 407, § 40702; chapter-407-dna-identification.md

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**(a) Collection of DNA samples** (1) **From individuals in custody** (A) The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States. The Attorney General may delegate this function within the Department of Justice as provided in [section 510 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section510&num=0&edition=prelim) and may also authorize and direct any other agency of the United States that arrests or detains individuals or supervises individuals facing charges to carry out any function and exercise any power of the Attorney General under this section. (B) The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim). (2) **From individuals on release, parole, or probation** — The probation office responsible for the supervision under Federal law of an individual on probation, parole, or supervised release shall collect a DNA sample from each such individual who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim). (3) **Individuals already in CODIS** — For each individual described in paragraph (1) or (2), if the Combined DNA Index System (in this section referred to as “CODIS”) of the Federal Bureau of Investigation contains a DNA analysis with respect to that individual, or if a DNA sample has been collected from that individual under [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim), the Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) may (but need not) collect a DNA sample from that individual. (4) **Collection procedures** (A) The Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample. (B) The Attorney General, the Director of the Bureau of Prisons, or the probation office, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2). (5) **Criminal penalty** — An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the collection of that sample shall be— (A) guilty of a class A misdemeanor; and (B) punished in accordance with title 18. **(b) Analysis and use of samples** The Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) shall furnish each DNA sample collected under subsection (a) to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample and include the results in CODIS. The Director of the Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS. **(c) Definitions** In this section: (1) The term “DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. (2) The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample. (3) The term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample. **(d) Qualifying Federal offenses** The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: (1) Any felony. (2) Any offense under chapter 109A of title 18. (3) Any crime of violence (as that term is defined in [section 16 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section16&num=0&edition=prelim)). (4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3). **(e) Regulations** (1) **In general** — Except as provided in paragraph (2), this section shall be carried out under regulations prescribed by the Attorney General. (2) **Probation officers** — The Director of the Administrative Office of the United States Courts shall make available model procedures for the activities of probation officers in carrying out this section. **(f) Commencement of collection** Collection of DNA samples under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after December 19, 2000.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14135a — Transferred

### Statutory Notes #### Codification Section 14135a was editorially reclassified as [section 40702 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40702&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 16 — Crime of violence defined

The term “crime of violence” means— **(a)** an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or **(b)** any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 510 — Delegation of authority

The Attorney General may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1565 — DNA identification information: collection from certain offenders; use

**(a) Collection of DNA Samples.—** (1) The Secretary concerned shall collect a DNA sample from each member of the armed forces under the Secretary’s jurisdiction who is, or has been, convicted of a qualifying military offense (as determined under subsection (d)). (2) For each member described in paragraph (1), if the Combined DNA Index System (in this section referred to as “CODIS”) of the Federal Bureau of Investigation contains a DNA analysis with respect to that member, or if a DNA sample has been or is to be collected from that member under section 3(a) of the DNA Analysis Backlog Elimination Act of 2000, the Secretary concerned may (but need not) collect a DNA sample from that member. (3) The Secretary concerned may enter into agreements with other Federal agencies, units of State or local government, or private entities to provide for the collection of samples described in paragraph (1). **(b) Analysis and Use of Samples.—** The Secretary concerned shall furnish each DNA sample collected under subsection (a) to the Secretary of Defense. The Secretary of Defense shall— (1) carry out a DNA analysis on each such DNA sample in a manner that complies with the requirements for inclusion of that analysis in CODIS; and (2) furnish the results of each such analysis to the Director of the Federal Bureau of Investigation for inclusion in CODIS. **(c) Definitions.—** In this section: (1) The term “DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. (2) The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample. **(d) Qualifying Military Offenses.—** The offenses that shall be treated for purposes of this section as qualifying military offe

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3142 — Release or detention of a defendant pending trial

**(a) In General.—** Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be— (1) released on personal recognizance or upon execution of an unsecured appearance bond, under subsection (b) of this section; (2) released on a condition or combination of conditions under subsection (c) of this section; (3) temporarily detained to permit revocation of conditional release, deportation, or exclusion under subsection (d) of this section; or (4) detained under subsection (e) of this section. **(b) Release on Personal Recognizance or Unsecured Appearance Bond.—** The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of release and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 ([42 U.S.C. 14135a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14135a&num=0&edition=prelim)),11 See References in Text note below. unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. **(c) Release on Conditions.—** (1) If the judicial officer determines that the release described in subsection (b) of this section will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3142

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3563 — Conditions of probation

**(a) Mandatory Conditions.—** The court shall provide, as an explicit condition of a sentence of probation— (1) for a felony, a misdemeanor, or an infraction, that the defendant not commit another Federal, State, or local crime during the term of probation; (2) for a felony, that the defendant also abide by at least one condition set forth in subsection (b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b); (3) for a felony, a misdemeanor, or an infraction, that the defendant not unlawfully possess a controlled substance; (4) for a domestic violence crime as defined in section 3561(b) by a defendant convicted of such an offense for the first time that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant; (5) for a felony, a misdemeanor, or an infraction, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant’s presentence report or other reliable sentencing information indicates a low risk of future substance

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3583 — Inclusion of a term of supervised release after imprisonment

**(a) In General.—** The court, in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment, except that the court shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release if such a term is required by statute or if the defendant has been convicted for the first time of a domestic violence crime as defined in section 3561(b). **(b) Authorized Terms of Supervised Release.—** Except as otherwise provided, the authorized terms of supervised release are— (1) for a Class A or Class B felony, not more than five years; (2) for a Class C or Class D felony, not more than three years; and (3) for a Class E felony, or for a misdemeanor (other than a petty offense), not more than one year. **(c) Factors To Be Considered in Including a Term of Supervised Release.—** The court, in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the conditions of supervised release, shall consider the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7). **(d) Conditions of Supervised Release.—** The court shall order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision, that the defendant make restitution in accordance with sections 3663 and 3663A, or any other statute authorizing a sentence of restitution, and that the defendant not unlawfully possess a controlled substance. The court shall order as an explicit condition of super

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12592 — Index to facilitate law enforcement exchange of DNA identification information

**(a) Establishment of index** The Director of the Federal Bureau of Investigation may establish an index of— (1) DNA identification records of— (A) persons convicted of crimes; (B) persons who have been charged in an indictment or information with a crime; and (C) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the National DNA Index System; (2) analyses of DNA samples recovered from crime scenes; (3) analyses of DNA samples recovered from unidentified human remains; and (4) analyses of DNA samples voluntarily contributed from relatives of missing persons. **(b) Information** The index described in subsection (a) shall include only information on DNA identification records and DNA analyses that are— (1) based on analyses performed by or on behalf of a criminal justice agency (or the Secretary of Defense in accordance with [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim)) in accordance with publicly available standards that satisfy or exceed the guidelines for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under [section 12591 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12591&num=0&edition=prelim); (2) prepared by— (A) laboratories that— (i) have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and (ii) undergo external audits, not less than once every 2 years, that demonstrate compliance

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40702 — Collection and use of DNA identification

Page 611 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40702 has violated subparagraph (A), the Attorney Gen- eral shall— ‘‘(i) require the grant recipient to repay the grant in full; and ‘‘(ii) prohibit the grant recipient from receiving another grant under this title for not less than 5 years.’’ SENSE OF CONGRESS REGARDING THE OBLIGATION OF GRANTEE STATES TO ENSURE ACCESS TO POST-CON- VICTION DNA TESTING AND COMPETENT COUNSEL IN CAPITAL CASES Pub. L. 106–561, § 4, Dec. 21, 2000, 114 Stat. 2791, pro- vided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) over the past decade, deoxyribonucleic acid testing (referred to in this section as ‘DNA testing’) has emerged as the most reliable forensic technique for identifying criminals when biological material is left at a crime scene; ‘‘(2) because of its scientific precision, DNA testing can, in some cases, conclusively establish the guilt or innocence of a criminal defendant; ‘‘(3) in other cases, DNA testing may not conclu- sively establish guilt or innocence, but may have sig- nificant probative value to a finder of fact; ‘‘(4) DNA testing was not widely available in cases tried prior to 1994; ‘‘(5) new forensic DNA testing procedures have made it possible to get results from minute samples that could not previously be tested, and to obtain more informative and accurate results than earlier forms of forensic DNA testing could produce, result- ing in some cases of convicted inmates being exoner- ated by new DNA tests after earlier tests had failed to produce definitive results; ‘‘(6) DNA testing can and has resulted in the post- conviction exoneration of more than 75 innocent men and women, including some under sentence of death; ‘‘(7) in more than a dozen cases, post-conviction DNA testing that

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