§1565 Dna Identification Information: Collection From Certain Offenders; Use

Summary

Military leaders must collect a DNA sample from any service member who is or was convicted of a qualifying military crime. If the FBI’s CODIS already has that person’s DNA test, or a sample was or will be collected under the DNA Analysis Backlog Elimination Act of 2000, the military leader may decide not to take another sample. The military can make agreements with other federal, state, local, or private groups to do the collecting. Collected samples must be sent to the Secretary of Defense, who must run DNA tests that meet CODIS rules and give the results to the FBI Director to add to CODIS. A "DNA sample" means a tissue, fluid, or other body sample for testing. A "DNA analysis" means the test that reads the DNA identification information. Qualifying military crimes include any offense under the Uniform Code of Military Justice that can carry more than one year in prison and other UCMJ offenses like qualifying federal crimes. If a conviction is overturned by a final court order and the Secretary of Defense gets a certified copy, the person’s DNA analysis must be removed from the index. The Secretary of Defense, working with the Secretary of Homeland Security and the Attorney General, must write rules to carry out these requirements and apply them as uniformly as possible across the armed forces.