34 USC 40703 - Collection and use of DNA identification information from certain District of Columbia offenders

U.S Code last checked for updates: Nov 22, 2024

§ 40703.

Collection and use of DNA identification information from certain District of Columbia offenders

(a)

Collection of DNA samples

(1)

From individuals in custody

(2)

From individuals on release, parole, or probation

(3)

Individuals already in CODIS

(4)

Collection procedures

(A)

The Director of the Bureau of Prisons or Agency (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 Director of the Bureau of Prisons or Agency, 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 District of Columbia offenses

(e)

Commencement of collection

(f)

Authorization of appropriations

(Pub. L. 106–546, § 4, Dec. 19, 2000, 114 Stat. 2730; Pub. L. 115–50, § 3(b), Aug. 18, 2017, 131 Stat. 1002.)

cite as: 34 USC 40703