H.R.4640 - DNA Analysis Backlog Elimination Act of 2000106th Congress (1999-2000)
Summary: H.R.4640 — 106th Congress (1999-2000)
DNA Analysis Backlog Elimination Act of 2000 - Authorizes the Attorney General to make grants to eligible States: (1) to carry out, for inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation (FBI), deoxyribonucleic acid (DNA) analyses of samples taken from individuals convicted of a qualifying State offense and from crime scenes; and (2) increase the capacity of laboratories owned by the State or by units of local government to carry out DNA analyses of samples from crime scenes.
Passed Senate amended (12/06/2000)
Sets forth provisions regarding State eligibility criteria for grants, including assurances of State implementation of a comprehensive plan for the expeditious DNA analysis of samples and a certification that each DNA analysis carried out under the plan shall be maintained pursuant to privacy requirements under the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA).
Directs that: (1) a State that proposes to allocate certain grant amounts use allocated sums to conduct or facilitate DNA analyses of those samples that relate to crimes in connection with which there are no suspects; and (2) the plan require that, with an exception, each DNA analysis be carried out in a laboratory that satisfies quality assurance standards and is operated by the State or a unit of local government within the State, or by a private entity pursuant to a contract with the State or local governmental unit.
Requires the Director of the FBI to maintain and make available to States a description of quality assurance protocols and practices to assure the quality of a forensic laboratory. States that a laboratory satisfies quality assurance standards if it satisfies specified quality control requirements under the VCCLEA. Authorizes: (1) grants to be made in the form of a voucher for laboratory services which may be redeemed at a laboratory operated by a private entity approved by the Attorney General that satisfies quality assurance standards; and (2) the Attorney General to make payments to such a laboratory for the analysis of DNA samples using authorized amounts.
Sets forth provisions regarding: (1) restrictions on the use of funds; (2) reporting requirements (to the Attorney General and to Congress); and (3) expenditure records. Authorizes appropriations.
(Sec. 3) Requires that: (1) the Director of the Bureau of Prisons collect a DNA sample from each individual in the Bureau's custody who is, or has been, convicted of a qualifying Federal offense (including murder, sexual abuse, kidnaping, and attempting or conspiring to commit any such offense) or a qualifying military offense; and (2) the probation office responsible for the supervision of an individual on parole or supervised release collect a DNA sample from each such individual convicted of a qualifying Federal or military offense.
Authorizes the Director of the Bureau of Prisons or the probation office responsible: (1) for each such individual, if CODIS contains a DNA analysis with respect to that individual, to collect a DNA sample from that individual; (2) to use or authorize 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; and (3) to enter into agreements with units of State or local government or with private entities to provide for the collection of the samples.
Sets forth penalties for failure of an individual to cooperate in the authorized collection of a DNA sample.
Requires the Director of: (1) the Bureau of Prisons or the probation office responsible to furnish each DNA sample collected to the Director of the FBI, who shall carry out a DNA analysis and include the results in CODIS; and (2) the Administrative Office of the United States Courts to make available model procedures for such activities of probation officers.
(Sec. 4) Directs: (1) the Director of the Bureau of Prisons to collect a DNA sample from each individual in the Bureau's custody who is or has been convicted of a qualifying District of Columbia (DC) offense; and (2) the Director of the Court Services and Offender Supervision Agency for DC to collect a DNA sample from each individual under the supervision of the Agency who is on supervised release, parole, or probation and who is or has been convicted of such offense.
Sets forth analogous provisions regarding: (1) individuals already in CODIS; (2) collection procedures; (3) criminal penalties; (4) analysis and use of samples; (5) what constitutes a qualifying DC offense; and (6) commencement of collection. Authorizes appropriations.
(Sec. 5) Directs the Secretary of the military department concerned to collect a DNA sample from each member of the armed forces who is or has been convicted of a qualifying military offense. Authorizes the Secretary concerned, for each member, if the CODIS contains a DNA analysis with respect to that member, to collect a DNA sample from that member. Directs: (1) such Secretary to furnish each DNA sample collected to the Secretary of Defense; (2) the Secretary of Defense to carry out a DNA analysis on each such DNA sample and furnish the results for inclusion in CODIS; and (3) the Secretary of Defense to promptly expunge from CODIS the DNA analysis of a person if the Secretary receives for each conviction a certified copy of a final court order establishing that such conviction has been overturned.
(Sec. 6) Amends the Antiterrorism and Effective Death Penalty Act of 1996 to require the Director of the FBI to expand CODIS to include analyses of DNA samples collected from individuals convicted of a qualifying Federal offense, a qualifying DC offense, or a qualifying military offense.
Modifies VCCLEA provisions to direct that: (1) CODIS include information on DNA identification records and DNA analyses that are prepared by laboratories and DNA analysts that undergo semiannual (currently, at regular intervals of not to exceed 180 days) external proficiency testing; and (2) the FBI Director promptly expunge from CODIS the DNA analysis of a person included if the Director receives, for each conviction, a certified copy of a final court order establishing that such conviction has been overturned.
(Sec. 7) Amends the Federal criminal code to require the court to: (1) provide, as an explicit condition of a sentence of probation, that the defendant cooperate in the authorized collection of a DNA sample; and (2) order, as an explicit condition of supervised release, that the defendant cooperate in the authorized collection of a DNA sample.
Requires the United States Parole Commission to impose, as a condition of parole, that the parolee cooperate in the authorized collection of a DNA sample. Makes cooperation by the individual a condition of probation, parole, or supervised release.
(Sec. 9) Authorizes appropriations to the Attorney General to carry out this Act.
(Sec. 10) Limits the circumstances under which a DNA sample or result may be disclosed. Sets penalties for violations.
(Sec. 11) Expresses the sense of Congress that Congress should: (1) condition forensic science-related grants to a State or State forensic facility on the State's agreement to ensure post-conviction DNA testing in appropriate cases; and (2) work with the States to improve the quality of legal representation in capital cases through the establishment of standards that will assure the timely appointment of competent counsel with adequate resources to represent defendants in capital cases at each stage of those proceedings.