United States Statutes at Large, Volume 126, 112th Congress, 2nd Session

[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]



Public Law 112-253
112th Congress

An Act


 
To authorize the Attorney General to award grants for States to
implement DNA arrestee collection processes. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. <> SHORT TITLE.

This Act may be cited as the ``Katie Sepich Enhanced DNA Collection
Act of 2012''.
SEC. 2. <> DEFINITIONS.

For purposes of this Act:
(1) DNA arrestee collection process.--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
210304(a) of the DNA Identification Act of 1994 (42 U.S.C.
14132(a)) (in this Act 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) State.--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.

[[Page 2408]]

SEC. 3. <> GRANTS TO STATES TO IMPLEMENT DNA
ARRESTEE COLLECTION PROCESSES.

(a) In General.--The Attorney General shall, subject to amounts made
available pursuant to section 5, carry out a grant program for the
purpose of assisting States with the costs associated with the
implementation of DNA arrestee collection processes.
(b) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, in addition to any other requirements specified by
the Attorney General, a State shall submit to the Attorney
General an application that demonstrates that it has statutory
authorization for the implementation of a DNA arrestee
collection process.
(2) Non-supplanting funds.--An application submitted under
paragraph (1) by a State shall include assurances that the
amounts received under the grant under this section shall be
used to supplement, not supplant, State funds that would
otherwise be available for the purpose described in subsection
(a).
(3) Other requirements.--The Attorney General shall require
a State seeking a grant under this section to document how such
State will use the grant to meet expenses associated with a
State's implementation or planned implementation of a DNA
arrestee collection process.

(c) Grant Allocation.--
(1) In general.--The amount available to a State under this
section shall be based on the projected costs that will be
incurred by the State to implement a DNA arrestee collection
process. Subject to paragraph (2), the Attorney General shall
retain discretion to determine the amount of each such grant
awarded to an eligible State.
(2) Maximum grant allocation.--In the case of a State
seeking a grant under this section with respect to the
implementation of a DNA arrestee collection process, such State
shall be eligible for a grant under this section that is equal
to no more than 100 percent of the first year costs to the State
of implementing such process.

(d) <> Grant Conditions.--As a condition of
receiving a grant under this section, a State shall have a procedure in
place to--
(1) <> provide written notification of
expungement provisions and instructions for requesting
expungement to all persons who submit a DNA profile or DNA data
for inclusion in the index;
(2) <> provide the eligibility
criteria for expungement and instructions for requesting
expungement on an appropriate public Web site; and
(3) <> make a
determination on all expungement requests not later than 90 days
after receipt and provide a written response of the
determination to the requesting party.
SEC. 4. <> EXPUNGEMENT OF PROFILES.

The <> expungement requirements under section
210304(d) of the DNA Identification Act of 1994 (42 U.S.C. 14132(d))
shall apply to any DNA profile or DNA data collected pursuant to this
Act for purposes of inclusion in the National DNA Index System.

[[Page 2409]]

SEC. 5. <> OFFSET OF FUNDS APPROPRIATED.

Any funds appropriated to carry out this Act, not to exceed
$10,000,000 for each of fiscal years 2013 through 2015, shall be derived
from amounts appropriated pursuant to subsection (j) of section 2 of the
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) in each
such fiscal year for grants under such section.
SEC. 6. CONFORMING AMENDMENT TO THE DEBBIE SMITH DNA BACKLOG GRANT
PROGRAM.

Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135(a)) is amended by adding at the end the following new
paragraph:
``(6) To implement a DNA arrestee collection process
consistent with the Katie Sepich Enhanced DNA Collection Act of
2012.''.

Approved January 10, 2013.

LEGISLATIVE HISTORY--H.R. 6014:
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CONGRESSIONAL RECORD, Vol. 158 (2012):
Dec. 18, considered and passed House.
Dec. 28, considered and passed Senate.