34 U.S.C. § 40703 — Collection and use of DNA identification

Page 612 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40703 responsible (as applicable) may use or author- ize 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 collec- tion 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 Attorney General, the Director of the Bu- reau of Prisons, or the probation office respon- sible (as applicable) shall furnish each DNA sam- ple collected under subsection (a) to the Direc- tor 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 Investiga- tion 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 deoxyribonucleic acid (DNA) identifica- tion information in a bodily sample. (3) The term ‘‘Rapid DNA instruments’’ means instrumentation that carries out a fully automated process to derive a DNA anal- ysis 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 At- torney General: (1) Any felony. (2) Any offense under chapter 109A of title 18. (3) Any crime of violence (as that term is de- fined in section 16 of title 18). (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 sec- tion 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 proba- tion officers in carrying out this section. (f) Commencement of collection Collection of DNA samples under subsection (a) shall, subject to the availability of appro- priations, commence not later than the date that is 180 days after December 19, 2000. (Pub. L. 106–546, § 3, Dec. 19, 2000, 114 Stat. 2728; Pub. L. 107–56, title V, § 503, Oct. 26, 2001, 115 Stat. 364; Pub. L. 108–405, title II, § 203(b), Oct. 30, 2004, 118 Stat. 2270; Pub. L. 109–162, title X, § 1004(a), Jan. 5, 2006, 119 Stat. 3085; Pub. L. 109–248, title I, § 155, July 27, 2006, 120 Stat. 611; Pub. L. 115–50, § 3(a), Aug. 18, 2017, 131 Stat. 1001.) Editorial Notes CODIFICATION Section was formerly classified to section 14135a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2017—Subsec. (b). Pub. L. 115–50, § 3(a)(1), inserted at end ‘‘The Director of the Federal Bureau of Investiga- tion 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.’’ Subsec. (c)(3). Pub. L. 115–50, § 3(a)(2), added par. (3). 2006—Subsec. (a)(1). Pub. L. 109–162, § 1004(a)(1), added subpar. (A) and designated existing provisions as sub- par. (B). Subsec. (a)(1)(A). Pub. L. 109–248 substituted ‘‘ar- rested, facing charges, or convicted’’ for ‘‘arrested’’. Subsec. (a)(3), (4). Pub. L. 109–162, § 1004(a)(1)(B), sub- stituted ‘‘Attorney General, the Director of the Bureau of Prisons,’’ for ‘‘Director of the Bureau of Prisons’’ in par. (3) and subpars. (A) and (B) of par. (4). Subsec. (b). Pub. L. 109–162, § 1004(a)(2), substituted ‘‘Attorney General, the Director of the Bureau of Pris- ons,’’ for ‘‘Director of the Bureau of Prisons’’. 2004—Subsec. (d). Pub. L. 108–405 reenacted heading without change and amended text generally, sub- stituting pars. (1) to (4) for former pars. (1) and (2) with multiple subpars. listing specific offenses. 2001—Subsec. (d)(2). Pub. L. 107–56 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The initial determination of qualifying Federal of- fenses shall be made not later than 120 days after De- cember 19, 2000.’’ § 40703. Collection and use of DNA identification information from certain District of Colum- bia offenders (a) Collection of DNA samples (1) From individuals in custody 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 District of Columbia offense (as determined under sub- section (d)). (2) From individuals on release, parole, or pro- bation The Director of the Court Services and Of- fender Supervision Agency for the District of Columbia shall collect a DNA sample from each individual under the supervision of the Agency who is on supervised release, parole, or probation who is, or has been, convicted of a qualifying District of Columbia offense (as de- termined under subsection (d)). (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 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 deoxyribonucleic acid (DNA) identifica- tion information in a bodily sample. (3) The term ‘‘Rapid DNA instruments’’ means instrumentation that carries out a fully automated process to derive a DNA anal- ysis from a DNA sample. (d) Qualifying District of Columbia offenses The government of the District of Columbia may determine those offenses under the District of Columbia Code that shall be treated for pur- poses of this section as qualifying District of Co- lumbia offenses. (e) Commencement of collection Collection of DNA samples under subsection (a) shall, subject to the availability of appro- priations, commence not later than the date that is 180 days after December 19, 2000. (f) Authorization of appropriations There are authorized to be appropriated to the Court Services and Offender Supervision Agency for the District of Columbia to carry out this section such sums as may be necessary for each of fiscal years 2001 through 2005. (Pub. L. 106–546, § 4, Dec. 19, 2000, 114 Stat. 2730; Pub. L. 115–50, § 3(b), Aug. 18, 2017, 131 Stat. 1002.) Editorial Notes CODIFICATION Section was formerly classified to section 14135b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2017—Subsec. (b). Pub. L. 115–50, § 3(b)(1), inserted at end ‘‘The Director of the Federal Bureau of Investiga- tion 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.’’ Subsec. (c)(3). Pub. L. 115–50, § 3(b)(2), added par. (3). § 40704. Conditions of release generally If the collection of a DNA sample from an in- dividual on probation, parole, or supervised re- lease is authorized pursuant to section 40702 or 40703 of this title or section 1565 of title 10, the individual shall cooperate in the collection of a DNA sample as a condition of that probation, parole, or supervised release. (Pub. L. 106–546, § 7(d), Dec. 19, 2000, 114 Stat. 2734.) Editorial Notes CODIFICATION Section was formerly classified to section 14135c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 40705. Authorization of appropriations There are authorized to be appropriated to the Attorney General to carry out this Act (includ- ing to reimburse the Federal judiciary for any reasonable costs incurred in implementing such Act, as determined by the Attorney General) such sums as may be necessary. (Pub. L. 106–546, § 9, Dec. 19, 2000, 114 Stat. 2735.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 106–546, Dec. 19, 2000, 114 Stat. 2726, known as the DNA Analysis Backlog Elimination Act of 2000. For complete classi- fication of this Act to the Code, see Short Title of 2000 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 14135d of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 40706. Privacy protection standards (a) In general Except as provided in subsection (b), any sam- ple collected under, or any result of any analysis carried out under, section 40701, 40702, or 40703 of this title may be used only for a purpose speci- fied in such section. (b) Permissive uses A sample or result described in subsection (a) may be disclosed under the circumstances under which disclosure of information included in the Combined DNA Index System is allowed, as specified in subparagraphs (A) through (D) of section 12592(b)(3) of this title.