§40741 — Title 34 Navy | U.S. Code

Summary

States must collect DNA from adults (age 18 or older) who are arrested or charged for certain serious crimes and put those DNA profiles into the National DNA Index System. The rule covers five types of crimes: homicide; sexual crimes that involve a sexual act or sexual contact and are punishable by more than 1 year in prison; kidnapping or abduction punishable by more than 1 year; burglary punishable by more than 1 year; and aggravated assault punishable by more than 1 year. DNA arrestee collection process: a State’s system for collecting those DNA profiles for the National DNA Index System. State: any U.S. State, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

Title 34, §40741

Navy — Source: USLM XML via OLRC

For purposes of this subchapter:

(1)The term “DNA arrestee collection process” means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the index described in section 12592(a) of this title (in this subchapter referred to as the “National DNA Index System”), of DNA profiles or DNA data from the following individuals who are at least 18 years of age:

(A)Individuals who are arrested for or charged with a criminal offense under State law that consists of a homicide.

(B)Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year.

(C)Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnaping or abduction and that is punishable by imprisonment for more than 1 year.

(D)Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year.

(E)Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.

(2)The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original “this Act”, meaning Pub. L. 112–253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which is classified principally to this subchapter. For complete classification of this Act to the Code, see

Short Title

of 2013 Act note set out under section 10101 of this title and Tables. Codification Section was formerly classified to section 14137 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§40741 Definitions