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Title 34 — NavyRelease 119-73

§40703 Collection and use of DNA identification information from certain District of Columbia offenders

Title 34 › Subtitle Subtitle IV— - Criminal Records and Information › Chapter CHAPTER 407— - DNA IDENTIFICATION › Subchapter SUBCHAPTER I— - COLLECTION AND ANALYSIS OF SAMPLES › § 40703

Last updated Apr 6, 2026|Official source

Summary

Federal prisons and the Court Services and Offender Supervision Agency for the District of Columbia must collect DNA samples from people in their custody or under supervision who are convicted of certain District of Columbia crimes. If the FBI’s CODIS already has a DNA analysis for someone, the agency may choose not to collect a new sample. The prison or agency can use reasonable force to collect a sample from someone who refuses and can hire or work with state, local, or private groups to help collect samples. A person who refuses to give a court-ordered sample is guilty of a class A misdemeanor and will be punished under title 18. The agencies must send the samples to the FBI, which will run DNA tests and add the results to CODIS; the FBI may accept Rapid DNA results instead. The District of Columbia decides which DC crimes count. Collection must start no later than 180 days after December 19, 2000, if money is available. Funding for the supervision agency was authorized as needed for fiscal years 2001 through 2005. Definitions: DNA sample — a tissue, fluid, or other bodily sample for DNA testing. DNA analysis — testing to get DNA identification information. Rapid DNA instruments — machines that automatically produce a DNA analysis.

Full Legal Text

Title 34, §40703

Navy — Source: USLM XML via OLRC

(a)(1)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 District of Columbia offense (as determined under subsection (d)).
(2)The Director of the Court Services and Offender Supervision Agency for the District of Columbia shall collect a DNA sample from each individual under the supervision of the Agency who is on supervised release, parole, or probation who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)).
(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, the Director of the Bureau of Prisons or Agency (as applicable) may (but need not) collect a DNA sample from that individual.
(4)(A)The Director of the Bureau of Prisons or Agency (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 Director of the Bureau of Prisons or Agency, 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 Director of the Bureau of Prisons or Agency (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 government of the District of Columbia may determine those offenses under the District of Columbia Code that shall be treated for purposes of this section as qualifying District of Columbia offenses.
(e)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.
(f)There are authorized to be appropriated to the Court Services and Offender Supervision Agency for the District of Columbia to carry out this section such sums as may be necessary for each of fiscal years 2001 through 2005.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 14135b 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(b)(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(b)(2), added par. (3).

Reference

Citations & Metadata

Citation

34 U.S.C. § 40703

Title 34 — Navy

Last Updated

Apr 6, 2026

Release point: 119-73