§40702 — Title 34 Navy | U.S. Code

Summary

The Attorney General may collect DNA samples from people who are arrested, charged, convicted, or from non‑U.S. persons detained by the United States. The Attorney General can tell other Justice Department units or any federal agency that arrests, detains, or supervises people to do the same. The Bureau of Prisons must collect DNA from inmates convicted of qualifying federal or qualifying military offenses. Probation offices must collect DNA from people on probation, parole, or supervised release who were convicted of those same types of offenses. If the FBI’s CODIS system already has a person’s DNA or a sample was collected under 10 U.S.C. 1565, collecting another sample is optional. Authorities may use reasonable force to collect an unwilling person’s sample and may work with state, local, or private groups to collect samples. Refusing to give a sample when required is a class A misdemeanor and is punished under title 18. Collected samples must go to the FBI Director for DNA analysis and inclusion in CODIS, unless Rapid DNA instruments are used and results are added to CODIS. One‑line definitions: “DNA sample” = a tissue, fluid, or other bodily sample for DNA testing; “DNA analysis” = reading the DNA information; “Rapid DNA instruments” = machines that fully automate DNA analysis. Qualifying offenses include any felony, offenses under chapter 109A of title 18, crimes of violence as defined in 18 U.S.C. 16, and attempts or conspiracies to commit those crimes. The Attorney General must write regulations to carry this out, and the Administrative Office of the U.S. Courts must provide model probation procedures. Collection was to begin, if money is available, no later than 180 days after December 19, 2000.

Title 34, §40702

Navy — Source: USLM XML via OLRC

(a)(1)(A)The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States. The Attorney General may delegate this function within the Department of Justice as provided in section 510 of title 28 and may also authorize and direct any other agency of the United States that arrests or detains individuals or supervises individuals facing charges to carry out any function and exercise any power of the Attorney General under this section.

(B)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 Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under section 1565 of title 10.

(2)The probation office responsible for the supervision under Federal law of an individual on probation, parole, or supervised release shall collect a DNA sample from each such individual who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under section 1565 of title 10.

(3)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 DNA analysis with respect to that individual, or if a DNA sample has been collected from that individual under section 1565 of title 10, the Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) may (but need not) collect a DNA sample from that individual.

(4)(A)The Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) may 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.

(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 collection of the samples described in paragraph (1) or (2).

(5)An individual from whom the collection of a DNA sample is authorized under this subsection 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)The Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (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 subsection if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.

(c)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) identification information in a bodily sample.

(3)The term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample.

(d)The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General:

(1)Any felony.

(2)Any offense under chapter 109A of title 18.

(3)Any crime of violence (as that term is defined in section 16 of title 18).

(4)Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).

(e)(1)Except as provided in paragraph (2), this section shall be carried out under regulations prescribed by the Attorney General.

(2)The Director of the Administrative Office of the United States Courts shall make available model procedures for the activities of probation officers in carrying out this section.

(f)Collection of DNA samples under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after December 19, 2000.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 14135a of Title 42, The Public Health and Welfare, prior to editorial 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 Investigation 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 subpar. (B). Subsec. (a)(1)(A). Pub. L. 109–248 substituted “arrested, facing charges, or convicted” for “arrested”. Subsec. (a)(3), (4). Pub. L. 109–162, § 1004(a)(1)(B), substituted “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 Prisons,” for “Director of the Bureau of Prisons”. 2004—Subsec. (d). Pub. L. 108–405 reenacted heading without change and amended text generally, substituting 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 offenses shall be made not later than 120 days after December 19, 2000.”

§40702 Collection and use of DNA identification information from certain Federal offenders

Summary

Title 34, §40702

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata