34 USC 40702 - Collection and use of DNA identification information from certain Federal offenders

U.S Code last checked for updates: May 08, 2024

§ 40702.

Collection and use of DNA identification information from certain Federal offenders

(a)

Collection of DNA samples

(1)

From individuals in custody

(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)

From individuals on release, parole, or probation

(3)

Individuals already in CODIS

(4)

Collection procedures

(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)

Criminal penalty

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)

Analysis and use of samples

(c)

Definitions

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)

Qualifying Federal offenses

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)

Regulations

(1)

In general

(2)

Probation officers

(f)

Commencement of collection

(Pub. L. 106–546, § 3, Dec. 19, 2000, 114 Stat. 2728; Pub. L. 107–56, title V, § 503, Oct. 26, 2001, 115 Stat. 364; Pub. L. 108–405, title II, § 203(b), Oct. 30, 2004, 118 Stat. 2270; Pub. L. 109–162, title X, § 1004(a), Jan. 5, 2006, 119 Stat. 3085; Pub. L. 109–248, title I, § 155, July 27, 2006, 120 Stat. 611; Pub. L. 115–50, § 3(a), Aug. 18, 2017, 131 Stat. 1001.)

cite as: 34 USC 40702