[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 889
To eliminate the backlog in performing DNA analyses of DNA samples
collected from convicted child sex offenders, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2003
Mr. King of New York introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To eliminate the backlog in performing DNA analyses of DNA samples
collected from convicted child sex offenders, and for other purposes.
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 ``Convicted Child Sex Offender DNA
Index System Support Act''.
SEC. 2. ELIMINATION OF CHILD SEX OFFENDER DNA BACKLOG.
(a) Development of Plan.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation, after consultation with representatives of
the States and of appropriate Federal agencies, shall develop a
plan to assist States in performing DNA analyses of DNA samples
collected from convicted child sex offenders.
(2) Objective.--The objective of the plan developed under
paragraph (1) shall be to effectively eliminate the backlog of
convicted child sex offender DNA samples awaiting analysis in
State or local forensic laboratory storage, including samples
that need to be reanalyzed using upgraded methods, in an
efficient, expeditious manner that will provide for the entry
of those analyses into the combined DNA Indexing System
(CODIS).
(3) Preference in funding.--In providing assistance to
States under the plan, the Director shall give a preference in
assistance to those States that have developed a comprehensive
program for the DNA analysis of crime scene evidence in
casework for which there are no suspects.
(b) Plan Conditions.--The plan developed under subsection (a) shall
require the following:
(1) That the Director of the Federal Bureau of
Investigation--
(A) establish requirements for the performance of
DNA analyses by private forensic laboratories,
including quality assurance standards, state-of-the-art
testing methods, and other requirements that the
Director considers appropriate; and
(B) determine which private forensic laboratories
satisfy the requirements established pursuant to
subparagraph (A).
(2) That a laboratory may perform DNA analyses under the
plan only if it is a private forensic laboratory determined
under paragraph (1)(B) to satisfy the requirements established
pursuant to paragraph (1)(A).
(3) That the Director of the Federal Bureau of
Investigation provide assistance under the plan only pursuant
to arrangements with private forensic laboratories that have
been determined under paragraph (1)(B) to satisfy the
requirements established pursuant to paragraph (1)(A).
(4) That under each such arrangement--
(A) the Director shall determine, for each State to
which assistance is provided under the plan, the
quantity of convicted child sex offender DNA samples
awaiting analysis in that State on which the laboratory
shall perform DNA analysis;
(B) the laboratory shall perform those DNA
analyses; and
(C) the Director shall, on behalf of that State,
provide funding to the laboratory to cover the costs of
those DNA analyses.
(5) That each DNA sample collected and analyzed under the
plan be accessible only--
(A) to criminal justice agencies for law
enforcement identification purposes;
(B) in judicial proceedings, if otherwise
admissible pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which such defendant is
charged; or
(D) for validation studies and protocol development
purposes, if personally identifiable information is
removed.
(6) That for any State in any fiscal year, upon the
performance of all DNA analyses required to be performed by
paragraph (4)(B) in that fiscal year, any funds provided to
that State under this section for that fiscal year but not yet
expended may be used by the State for the performance of DNA
analyses of other forensic DNA samples awaiting analysis in
that State.
(c) Implementation of Plan.--Subject to the availability of
appropriations under subsection (d), the Director of the Federal Bureau
of Investigation shall implement the plan developed pursuant to
subsection (a) with States that elect to participate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the Federal Bureau of Investigation to
carry out this section $25,000,000 for each of fiscal years 2003, 2004,
and 2005.
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