Summary
Gives money to states to analyze DNA from crime scenes and offenders, and requires collecting DNA from federal and military offenders for a national database.
What problem does this solve?
Many DNA samples from crime scenes and convicted criminals were not being analyzed, which meant potential evidence was not being used to solve crimes. This law provides money to states to clear this backlog and requires the collection of DNA from federal offenders to build a more complete national database.
Who does this affect?
- Individuals convicted of certain federal, military, and D.C. offenses
- State and local law enforcement agencies
- Crime laboratories
What does this law do?
Creates grants for states
Allows the Attorney General to give money to states to analyze DNA samples from crime scenes and convicted offenders. The results are added to the FBI's national DNA database.
Requires DNA collection from federal offenders
Mandates the collection of DNA samples from people convicted of certain federal crimes, whether they are in prison, on parole, or on probation.
Requires DNA collection from military offenders
Directs the military to collect DNA samples from service members convicted of qualifying military offenses, such as felonies or sexual offenses.
Makes DNA collection a condition of release
Forces individuals on probation, parole, or supervised release to provide a DNA sample if they were convicted of a qualifying offense.
Expands the national DNA database (CODIS)
Adds the DNA information from federal, military, and District of Columbia offenders to the FBI's Combined DNA Index System (CODIS).
Sets privacy rules and penalties
Restricts the use of collected DNA samples to law enforcement purposes. Creates a fine of up to $100,000 for anyone who improperly discloses or obtains a sample or result.
Removes records if a conviction is overturned
Requires that a person's DNA analysis be removed from the national index if their conviction for the qualifying offense is officially overturned by a court.
Reference
Text:
Section:
Sec. 11
Header:
Sense of the congress regarding the obligation of grantee states to ensure access to post-conviction dna testing and competent counsel in capital cases
Encourages post-conviction DNA testing
States that Congress believes states receiving grants should ensure inmates have access to DNA testing after being convicted to prove their innocence.
What is the real world impact?
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Helps solve more crimes
Creates a larger national DNA database (CODIS) by funding the analysis of backlogged samples and collecting new ones. This helps law enforcement link suspects to crime scenes and identify serial offenders more effectively.
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Encourages post-conviction testing
Suggests that states receiving grant money should allow inmates to get DNA testing after their conviction. This could help prove the innocence of people who were wrongly convicted.
When does this start?
This law sets several deadlines for its different parts to begin.
Federal DNA collection begins
Collection of DNA samples from federal and D.C. offenders must start no later than 180 days after the law is passed, if money is available.
Definition of qualifying offenses
The Attorney General and Secretary of Defense must determine which federal and military crimes qualify for DNA collection within 120 days of the law's passage.
Military DNA collection begins
Collection of DNA from military offenders must start no later than 60 days after the qualifying military offenses are determined.
State plan implementation
States applying for grants must have a plan for fast DNA analysis in place within 120 days of submitting their application.