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34 U.S.C. § 40704 — Conditions of release generally
Federal law — U.S. Code and appendices · legal_authorities
If the collection of a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to section 40702 or 40703 of this title or [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim), the individual shall cooperate in the collection of a DNA sample as a condition of that probation, parole, or supervised release.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40704
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Stable record: federal_law:legal_authorities:record_usc_fb09c164503f617b8506e79e
Source file: Laws/federal/codes/united-states-code/title-34/section-40704-conditions-of-release-generally--ba33269df9.md
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Source location: Title 34, Chapter 407, § 40704; chapter-407-dna-identification.md
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If the collection of a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to section 40702 or 40703 of this title or [section 1565 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1565&num=0&edition=prelim), the individual shall cooperate in the collection of a DNA sample as a condition of that probation, parole, or supervised release.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 14135c was editorially reclassified as [section 40704 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40704&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14135c
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1565
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Federal law — U.S. Code and appendices · legal_authorities
Page 613
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 40706
DNA analysis with respect to that individual,
the Director of the Bureau of Prisons or Agen-
cy (as applicable) may (but need not) collect a
DNA sample from that individual.
(4) Collection procedures
(A) The Director of the Bureau of Prisons or
Agency (as applicable) may use or authorize
the use of such means as are reasonably nec-
essary to detain, restrain, and collect a DNA
sample from an individual who refuses to co-
operate in the collection of the sample.
(B) The Director of the Bureau of Prisons or
Agency, as appropriate, may enter into agree-
ments with units of State or local government
or with private entities to provide for the col-
lection 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 sub-
section 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 Director of the Bureau of Prisons or Agen-
cy (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 sub-
section 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 de
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 40704
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.