Katie Sepich Enhanced DNA Collection Act of 2011 - Directs the Attorney General to make grants to assist states with costs associated with the implementation of minimum or enhanced DNA collection processes. Defines such processes for the purpose of this Act. Awards bonus payments to states that have implemented and used an enhanced DNA collection process.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 517 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 517
To authorize the Attorney General to award grants for States to
implement minimum and enhanced DNA collection processes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 9, 2011
Mr. Bingaman (for himself, Mr. Udall of New Mexico, Mr. Schumer, Mr.
Kyl, and Mr. Bennet) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the Attorney General to award grants for States to
implement minimum and enhanced DNA 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 2011''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Minimum dna collection process.--The term ``minimum DNA
collection process'' means, with respect to a State, a process
under which the Combined DNA Index System (CODIS) of the
Federal Bureau of Investigation is searched at least 1 time
against samples 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 murder or voluntary manslaughter.
(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 5 years.
(C) Individuals who are arrested for or charged
with a criminal offense under State law that has an
element of kidnapping or abduction and that is
punishable by imprisonment for more than 5 years.
(2) Enhanced dna collection process.--The term ``enhanced
DNA collection process'' means, with respect to a State, a
process under which the State provides for the collection, for
purposes of inclusion in the Combined DNA Index System (CODIS)
of the Federal Bureau of Investigation, of DNA samples 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 murder or voluntary manslaughter.
(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 kidnapping or abduction and that is
punishable by imprisonment 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 aggravated assault punishable by imprisonment for
more than 1 year.
(3) 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.
SEC. 3. INCENTIVE PAYMENTS FOR STATES TO IMPLEMENT MINIMUM AND ENHANCED
DNA COLLECTION PROCESSES.
(a) Grants Authorized.--The Attorney General shall carry out a
grant program under which the Attorney General may make grants to
States for the purpose of assisting States with the costs associated
with the implementation of minimum or enhanced DNA 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 instituted
policies, protocols, or regulations requiring the
implementation of either a minimum or enhanced DNA collection
process.
(2) Other requirements.--The Attorney General may require a
State desiring a grant under this section to document, for
review by the Attorney General, the first year expenses
associated with a State's implementation or planned
implementation of a minimum or enhanced DNA collection process.
(c) Grant Allocation.--The amount available to a State under this
section shall be equivalent to the first-year costs to that State of
implementing a minimum or enhanced DNA collection process. The Attorney
General retains discretion to determine the amount of each such grant
awarded to an eligible State.
SEC. 4. BONUS PAYMENTS FOR STATES WHICH HAVE IMPLEMENTED AN ENHANCED
DNA COLLECTION PROCESS.
In the case of a State that has implemented an enhanced DNA
collection process and uses such process for a fiscal year, the State
shall be eligible to receive a bonus payment equivalent to the amount
available to such State under section 3.
SEC. 5. CONDITIONS OF RECEIVING INCENTIVE AND BONUS PAYMENTS.
As a condition of receiving an incentive grant or bonus payment
under sections 3 or 4, 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 sample for inclusion in the index;
(2) provide the eligibility criteria for expungement and
instructions for requesting expungement on an appropriate
public website; 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. 6. 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
samples collected pursuant to this Act for purposes of inclusion in the
Combined DNA Index System (CODIS) of the Federal Bureau of
Investigation.
SEC. 7. REPORTS.
The Attorney General shall submit to the Committee of the Judiciary
of the House of Representatives and the Committee of the Judiciary of
the Senate an annual report (which shall be made publicly available)
that--
(1) lists the States, for the year involved--
(A) which have (and those States which have not)
implemented a minimum DNA collection process and use
such process; and
(B) which have (and those States which have not)
implemented an enhanced DNA collection process and use
such process; and
(2) includes statistics, with respect to the year involved,
regarding the benefits to law enforcement resulting from the
implementation of minimum and enhanced DNA collection
processes, including the number of matches made due to the
inclusion of arrestee profiles under such a process.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for each of the fiscal years 2012
through 2016.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1503)
Read twice and referred to the Committee on the Judiciary.
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