A bill to establish an opt-out system for expungement of DNA profiles from the national index and to authorize collection of DNA samples from persons arrested or detained under Federal authority.
DNA Fingerprint Act of 2005 - Amends the DNA Identification Act of 1994 to repeal provisions prohibiting the DNA (deoxyribonucleic acid) profiles from arrestees who have not been charged in an indictment or information with a crime, and DNA samples that are voluntarily submitted solely for elimination purposes, from being included in the National DNA Index System.
Requires, for the expungement by a state from such System of the DNA analysis of a person who has not been convicted of an offense, that the responsible state agency or official receive a certified copy of a final court order establishing that each charge serving as the basis for the analysis has been dismissed or resulted in an acquittal.
Repeals a provision granting authority for a one-time keyboard search of such System by any person authorized to access it.
Permits states or local governments to use grant funds to include within such System DNA samples collected under applicable legal authority (currently, samples taken from individuals convicted of a qualifying state offense).
Amends the DNA Analysis Background Elimination Act of 2000 to authorize the Attorney General to: (1) collect DNA samples from individuals who are arrested or detained under U.S. authority; and (2) authorize any other federal agency that arrests or detains individuals or supervises individuals facing charges to so collect DNA samples.
Eliminates the exception for sexual abuse offenses to the tolling of the statute of limitations in cases where DNA testing implicates a person in the commission of a felony.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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