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H.R.3402
Violence Against Women and Department of Justice Reauthorization Act of 2005 (Enrolled as Agreed to or Passed by Both House and Senate)
"TITLE X--DNA FINGERPRINTING
SEC. 1001. SHORT TITLE.
This title may be cited as the `DNA Fingerprint Act of 2005'.
SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM NATIONAL DNA INDEX.
Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended--
(1) in subsection (a)(1)©, by striking `DNA profiles' and all that follows through `, and';
(2) in subsection (d)(1), by striking subparagraph (A), and inserting the following:
`(A) The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the index--
`(i) on the basis of conviction for a qualifying Federal offense or a qualifying District of Columbia offense (as determined under sections 3 and 4 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a, 14135b), respectively), if the Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned; or
`(ii) on the basis of an arrest under the authority of the United States, if the Attorney General receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.';
(3) in subsection (d)(2)(A)(ii), by striking `all charges for' and all that follows, and inserting the following: `the responsible agency or official of that State receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.'; and
(4) by striking subsection (e).
SEC. 1003. EXPANDED USE OF CODIS GRANTS.
Section 2(a)(1) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(a)(1)) is amended by striking `taken from individuals convicted of a qualifying State offense (as determined under subsection (b)(3))' and inserting `collected under applicable legal authority'.
SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION FROM PERSONS ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY.
(a) In General- Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking `The Director' and inserting the following:
`(A) The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested 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, United States Code, 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'; and
(B) in paragraphs (3) and (4), by striking `Director of the Bureau of Prisons' each place it appears and inserting `Attorney General, the Director of the Bureau of Prisons,'; and
(2) in subsection (b), by striking `Director of the Bureau of Prisons' and inserting `Attorney General, the Director of the Bureau of Prisons,'.
(b) Conforming Amendments- Subsections (b) and ©(1)(A) of section 3142 of title 18, United States Code, are each amended by inserting `and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)' after `period of release'."
I can guarantee you that probably not one out of ten politician's that signed off on the bill knew that was there - or that if they did, they didn't have the guts to fight it because their constituents didn't contact them and let them know that they wanted them to fight it and that they'd back them if they did.
Having a voice and a vote don't matter if you use neither. Pete
