[Title 28 CFR 28]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 28 - DNA IDENTIFICATION SYSTEM]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseDNA IDENTIFICATION SYSTEM28PART 28JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 28--DNA IDENTIFICATION SYSTEM--Table of Contents
Subpart A--Qualifying Federal Offenses for Purposes of DNA Sample
Collection
Sec.
28.1 Purpose.
28.2 Determination of offenses.
Subpart B--DNA Sample Collection, Analysis, and Indexing
28.11 Definitions.
28.12 Collection of DNA samples.
28.13 Analysis and indexing of DNA samples.
Authority: 28 U.S.C. 509, 510; 42 U.S.C. 14132, 14135a, 14135b; 10
U.S.C. 1565; Pub. L. 106-546, 114 Stat. 2726.
Source: 66 FR 34365, June 28, 2001, unless otherwise noted.
Subpart A--Qualifying Federal Offenses for Purposes of DNA Sample
Collection
Sec. 28.1 Purpose.
Section 3 of Public Law 106-546 (114 Stat. 2726) directs the
collection, analysis, and indexing of a DNA sample from each individual
in the custody of the Bureau of Prisons or under the supervision of a
probation office who is, or has been, convicted of a qualifying Federal
offense. Subsection (d) of that section states that the offenses that
shall be treated as qualifying Federal
[[Page 438]]
offenses are offenses under title 18, United States Code, contained in a
list of descriptive terms and code sections, as determined by the
Attorney General.
Sec. 28.2 Determination of offenses.
The following offenses shall be treated for purposes of section 3 of
Public Law 106-546 as qualifying Federal offenses:
(a) Any offense under section 1111, 1113, 1114, 1116, 1117, 1118,
1119, 1120, 1121, 2241, 2242, 2243, 2244, 2245, 2251, 2251A, 2252, 2421,
2422, 2423, 2425, 1201, 1203, 2111, 2112, 2113, 2114, 2116, 2118, or
2119 of title 18, United States Code.
(b) Any offense of voluntary manslaughter under section 1112 of
title 18, United States Code.
(c) Any offense under chapter 77 of title 18, United States Code.
(d) Any offense of murder, manslaughter, kidnapping, maiming,
incest, arson, burglary, or robbery, and any felony under chapter 109A
of title 18, United States Code, where jurisdiction was based on section
1153 of title 18, United States Code.
(e) Any offense under section 371 of title 18, United States Code,
in which an object of the conspiracy was the commission of an offense
described in paragraph (a), (b), (c), or (d) of this section.
Subpart B--DNA Sample Collection, Analysis, and Indexing
Sec. 28.11 Definitions.
The following definitions apply to this part:
DNA sample means a tissue, fluid, or other bodily sample of an
individual on which a DNA analysis can be carried out.
DNA analysis means analysis of the deoxyribonucleic acid (DNA)
identification information in a bodily sample.
Sec. 28.12 Collection of DNA samples.
(a) 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--
(1) A qualifying Federal offense as described in Sec. 28.2;
(2) A qualifying military offense, as determined under 10 U.S.C.
1565; or (3) A qualifying District of Columbia offense, as determined
under section 4(d) of Public Law 106-546.
(b) Notwithstanding paragraph (a) of this section, the Bureau of
Prisons may, but need not, collect a DNA sample from an individual
described in paragraph (a) of this section if the Combined DNA Index
System contains a DNA analysis with respect to that individual, or if a
DNA sample has been collected from that individual under 10 U.S.C. 1565.
(c) Each individual described in paragraph (a) of this section shall
cooperate in the collection of a DNA sample from that individual by the
Bureau of Prisons. The Bureau of Prisons may use or authorize the use of
such means as are reasonably necessary to detain, restrain, and collect
a DNA sample from an individual described in paragraph (a) of this
section who refuses to cooperate in the collection of the sample.
(d) The Bureau of Prisons may enter into agreements with units of
State or local government or with private entities to provide for the
collection of samples under this section.
(e) The Bureau of Prisons shall furnish each DNA sample collected
under this section to the Federal Bureau of Investigation.
Sec. 28.13 Analysis and indexing of DNA samples.
(a) The Federal Bureau of Investigation shall carry out a DNA
analysis on each DNA sample furnished to the Federal Bureau of
Investigation pursuant to section 3(b) or 4(b) of Public Law 106-54, and
shall include the results in the Combined DNA Index System.
(b) The Federal Bureau of Investigation shall include in the
Combined DNA Index System the results of each analysis furnished to the
Federal Bureau of Investigation pursuant to section 1565(b)(2) of title
10, United States Code.