World Library  
Flag as Inappropriate
Email this Article

DNA Analysis Backlog Elimination Act of 2000

Article Id: WHEBN0006388590
Reproduction Date:

Title: DNA Analysis Backlog Elimination Act of 2000  
Author: World Heritage Encyclopedia
Language: English
Subject: 106th United States Congress, 2000 in law, Patriot Act, Title V, Rape kit
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

DNA Analysis Backlog Elimination Act of 2000

DNA Analysis Backlog Elimination Act of 2000
Great Seal of the United States
Long title An Act to make grants to States for carrying out DNA analyses for use in the Combined DNA Index System of the Federal Bureau of Investigation, to provide for the collection and analysis of DNA samples from certain violent and sexual offenders for use in such system, and for other purposes.
Acronyms (colloquial) DABEA
Enacted by the 106th United States Congress
Effective December 19, 2000
Citations
Public law 106-546
Statutes at Large 114 Stat. 2726
Codification
Titles amended 42 U.S.C.: Public Health and Social Welfare
U.S.C. sections amended 42 U.S.C. ch. 136 §§ 13701, 14135 et seq.
Legislative history
  • Introduced in the House as H.R. 4640 by Bill McCollum (RFL) on June 12, 2000
  • Committee consideration by House Judiciary, House Armed Services
  • Passed the House on October 2, 2000 (passed)
  • Passed the Senate on December 6, 2000 (passed) with amendment
  • House agreed to Senate amendment on December 7, 2000 (agreed)
  • Signed into law by President William J. Clinton on December 19, 2000

The DNA Analysis Backlog Elimination Act of 2000 (H.R. 4640, 42 U.S.C. 14135 et seq.) is a United States Act of Congress that primarily allows US states to carry out DNA analyses for use in the FBI's Combined DNA Index System and to collect and analyse DNA samples.

Under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14132, "Congress authorized the FBI to create a national index of deoxyribonucleic acid (DNA) samples taken from convicted offenders, crime scenes and victims of crime, and unidentified human remains." In response to this congressional mandate, the FBI established the Combined DNA Index System ("CODIS"). The CODIS database provides a means for state and local forensic laboratories to share DNA profiles in an attempt to "link evidence from crime scenes for which there are no suspects to DNA samples of convicted offenders on file in the system."

However, the 1994 Act was interpreted by the FBI to only permit only the creation of the CODIS, not the taking of DNA samples of persons convicted of federal offenses for input into the system. Thus, "the FBI requested that Congress enact statutory authority to allow the taking of DNA samples from persons committing Federal crimes of violence, robbery, and burglary, or similar crimes in the District of Columbia or while in the military, and authorizing them to be included in CODIS."

Accordingly, Congress passed the DNA Analysis Backlog Elimination Act of 2000 ("DNA Act"), 42 U.S.C. § 14135 et seq., which authorizes the "Attorney General to make grants to eligible States... to carry out, for the inclusion in the Combined DNA Index System of the Federal Bureau of Investigation, DNA analyses of samples taken from individuals convicted of a qualifying State offenses." 42 U.S.C. § 14135(a)(1). Moreover, the DNA Act provides that "the Director of 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 a qualifying Federal offense" and that "the probation office responsible for the supervision under Federal law of an individual on probation, parole, or supervised release shall collect a DNA sample from each such individual who is or has been, convicted of a qualifying Federal offense." 42 U.S.C. § 15135a(a)(1)-(2).

In addition, Congress has mandated the collection of DNA samples from "each individual in the custody of the Bureau of Prisons who is, or has been convicted of a qualifying District of Columbia offense" or any "individual under the supervision of the Agency who is on supervised release, parole, or probation who is, or has been convicted of a qualifying District of Columbia offense." 42 U.S.C. § 14135b(a)(1)-(2). Congress left to the District of Columbia the responsibility of determining which offenses under the District of Columbia Code should be deemed qualifying offenses. 42 U.S.C. § 14135b(d). The District of Columbia has determined that forty-nine separate offense qualify for collection under the DNA Act. See, D.C. Code § 22-4151(1)-(46). These qualifying offense include, for example, arson, aggravated assault, burglary, kidnaping, robbery, attempted robbery, and carjacking. Id.

Once a DNA sample is entered into the CODIS database, the information can be released only (1) "to criminal justice agencies for law enforcement identification purposes;" (2) "in judicial proceedings;" (3) "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 (4) "if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes." 42 U.S.C. § 14132(b)(3). In addition, the DNA Act imposes criminal penalties for individuals who improperly disclose sample results or improperly obtains or uses DNA samples. 42 U.S.C. § 14135e(c).

This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from World Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.