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United States · Law · HR

H.R. 4640 (106th)

DNA Analysis Backlog Elimination Act of 2000

enactedUnited States· United States Congress· EN

Introduced

12 June 2000

Last action

—

Status

Became Public Law No: 106-546.

Sponsors

—

Subjects

Discovery layer

Source updated

6 June 2025

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Summary

DNA Analysis Backlog Elimination Act of 2000 - Authorizes the Attorney General to make grants to eligible States to carry out, for inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation (FBI), deoxyribonucleic acid (DNA) analyses of samples: (1) taken from individuals convicted of a qualifying violent or sexual offense under State law; and (2) from crime scenes or crime victims. Sets forth provisions regarding: (1) State eligibility criteria for grants, including assurances of State implementation of a comprehensive plan for the expeditious DNA analysis of samples; and (2) grant preference to States that propose the use of allocated amounts to conduct DNA analyses of those samples that relate to crimes for which there are no suspects. Directs that: (1) the comprehensive plan require the DNA analysis of each sample specified above which was collected but not analyzed before the this Act's enactment; (2) in the case of a crime scene sample, if the statute of limitations has expired for each crime with respect to which the sample might reasonably be used as evidence in a court of law, the plan may (but need not) require the DNA analysis of that sample; and (3) the plan require that each DNA analysis be carried out in a laboratory that satisfies quality assurance standards and is operated by the State, or by a private entity pursuant to a contract with the State. Requires the Director of the FBI to maintain and make available to States a description of quality assurance protocols and practices that such Director considers adequate to assure the quality of a forensic laboratory. States that a laboratory satisfies quality assurance standards if it satisfies specified protocols and practices, or is accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community. Sets forth provisions regarding: (1) restrictions on the use of funds (including limiting the Federal cost share to 75 percent); (2) reporting requirements (to the Attorney General and to Congress); and (3) expenditure records. Authorizes appropriations. (Sec. 3) Requires that: (1) the Director of the Bureau of Prisons collect a DNA sample from each individual in the Bureau's custody who is, or has been, convicted of a qualifying Federal offense (including murder, sexual abuse, kidnaping, and attempting or conspiring to commit any such offense); and (2) the probation office responsible for the supervision under Federal law of an individual on parole or supervised release collect a DNA sample from each such individual convicted of a qualifying Federal offense. Authorizes the Director of the Bureau of Prisons or the probation office responsible: (1) for each such individual, if CODIS contains a DNA analysis with respect to that individual, to collect a DNA sample from that individual; and (2) to 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. Sets penalties with respect to the failure of an individual from whom the collection of a DNA sample is authorized to cooperate in the collection of that sample. Requires the Director of: (1) the Bureau of Prisons or the probation office responsible to furnish each DNA sample collected to the Director of the FBI, who shall carry out a DNA analysis and include the results in CODIS; and (2) the Administrative Office of the United States Courts to make available model procedures for such activities of probation officers. (Sec. 4) Directs: (1) the Government of the District of Columbia (DC) to collect a DNA sample from each individual in its custody who is, or has been, convicted of a qualifying DC offense; (2) the Director of the Bureau of Prisons to collect a DNA sample from each individual in the Bureau's custody who is or has been convicted of such offense; and (3) the Director of the Court Services and Offender Supervision Agency for DC, or the Trustee appointed under the Balanced Budget Act of 1997, to collect a DNA sample from each individual under the supervision of the Agency or Trustee who is on supervised release, parole, or probation and who is or has been convicted of such offense. Sets forth analogous provisions regarding: (1) individuals already in CODIS; (2) collection procedures; (3) criminal penalties; (4) analysis and use of samples; (5) what constitutes a qualifying DC offense; and (6) commencement of collection. Authorizes appropriations. (Sec. 5) Directs that the Secretary concerned collect a DNA sample from each member of the armed forces under the Secretary's jurisdiction who is or has been convicted of a qualifying military offense. Authorizes the Secretary concerned, for each member, if the CODIS contains a DNA analysis with respect to that member, to collect a DNA sample from that member. Directs: (1) the Secretary to furnish each DNA sample collected to the Secretary of Defense; (2) the Secretary of Defense to furnish each DNA sample to the Director of the FBI; and (3) such Director to carry out a DNA analysis on each such DNA sample and include the results in CODIS. (Sec. 6) Amends the Antiterrorism and Effective Death Penalty Act of 1996 to require the Director of the FBI to expand CODIS to include analyses of DNA samples collected from individuals convicted of a qualifying Federal offense, a qualifying DC offense, or a qualifying military offense. Modifies provisions of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) regarding the index to facilitate law enforcement exchange of DNA identification information (Index) to authorize the FBI Director to include an index of analyses of DNA samples: (1) recovered from victims of crime; and (2) collected from individuals convicted of a qualifying offense. Directs that the index include information on DNA identification records and DNA analyses that are prepared by laboratories and DNA analysts that undergo semiannual (currently, at regular intervals of not to exceed 180 days) external proficiency testing. Requires the Director to promptly expunge from the index the DNA analysis of a person if the Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order evidencing that such conviction has been overturned. (Sec. 7) Amends the Federal criminal code to require the court to: (1) provide, as an explicit condition of a sentence of probation, that the defendant cooperate in the authorized collection of a DNA sample; and (2) order, as an explicit condition of supervised release, that the defendant cooperate in the authorized collection of a DNA sample. Requires the United States Parole Commission to impose, as a condition of parole, that the parolee cooperate in the authorized collection of a DNA sample. Makes cooperation by the individual in the authorized collection of a DNA sample a condition of probation, parole, or supervised release. (Sec. 8) Amends the Omnibus Drug Control and Safe Streets Act of 1968 (regarding drug control and system improvement (Byrne) grants and DNA identification grants) and the VCCLEA to provide for proficiency testing of personnel who perform DNA analyses semiannually (currently, at regular intervals not exceeding 180 days). Directs that the Index include only information on DNA identification records and analyses that are prepared by laboratories: (1) satisfying the quality assurance protocols and practices that the Director of the FBI considers adequate to assure the quality of a forensic laboratory; or (2) accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community.

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