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.
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 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).
The USA PATRIOT Act was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute.
The Uniform Crime Reporting (UCR) program compiles official data on crime in the United States, published by the Federal Bureau of Investigation (FBI). UCR is "a nationwide, cooperative statistical effort of nearly 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention".
The Violent Crime Control and Law Enforcement Act of 1994, commonly referred to as the 1994 Crime Bill, or the Clinton Crime Bill, is an Act of Congress dealing with crime and law enforcement; it became law in 1994. It is the largest crime bill in the history of the United States and consisted of 356 pages that provided for 100,000 new police officers, $9.7 billion in funding for prisons which were designed with significant input from experienced police officers. Sponsored by U.S. Representative Jack Brooks of Texas, the bill was passed by Congress and signed into law by President Bill Clinton. Then-Senator Joe Biden of Delaware drafted the Senate version of the legislation in cooperation with the National Association of Police Organizations, also incorporating the Assault Weapons ban and the Violence Against Women Act (VAWA) with Senator Orrin Hatch.
A rape kit or rape test kit is a package of items used by medical, police or other personnel for gathering and preserving physical evidence following an instance or allegation of sexual assault. The evidence collected from the victim can aid the criminal rape investigation and the prosecution of a suspected assailant. DNA evidence can have tremendous utility for sexual assault investigations and prosecution by identifying offenders, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused.
Crime in Washington, D.C., is directly related to the city's demographics, geography, and unique criminal justice system. The District's population reached a peak of 802,178 in 1950. Shortly after that, the city began losing residents, and by 1980 Washington had lost one-quarter of its population. The population loss to the suburbs also created a new demographic pattern, which divided affluent neighborhoods west of Rock Creek Park from the less well-off neighborhoods to the east.
Title V: Removing obstacles to investigating terrorism is the fifth of ten titles which comprise the USA PATRIOT Act, an anti-terrorism bill passed in the United States after the September 11, 2001 attacks. It contains 8 sections regarding the capture and prosecution of terrorists.
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers according to the crime committed, and mandates that Tier 3 offenders update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months with 25 years of registration, and Tier 1 offenders must update their whereabouts every year with 15 years of registration. Failure to register and update information is a felony under the law. States are required to publicly disclose information of Tier 2 and Tier 3 offenders, at minimum. It also contains civil commitment provisions for sexually dangerous people.
Hate crime laws in the United States are state and federal laws intended to protect against hate crimes. While state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a person's characteristics of race, religion, ethnicity, disability, nationality, gender, sexual orientation, and/or gender identity. The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and campus police departments are required to collect and publish hate crime statistics.
A government database collects information for various reasons, including climate monitoring, securities law compliance, geological surveys, patent applications and grants, surveillance, national security, border control, law enforcement, public health, voter registration, vehicle registration, social security, and statistics.
A DNA database or DNA databank is a database of DNA profiles which can be used in the analysis of genetic diseases, genetic fingerprinting for criminology, or genetic genealogy. DNA databases may be public or private, the largest ones being national DNA databases.
The Debbie Smith Act of 2004 provides United States federal government grants to eligible states and units of local government to conduct DNA analyses of backlogged DNA samples collected from victims of crimes and criminal offenders. The Act expands the Combined DNA Index System (CODIS) and provides legal assistance to survivors of dating violence. Named after sexual assault survivor Debbie Smith, the Act was passed by the 108th Congress as part of larger legislation, the Justice for All Act of 2004, and signed into law by President George W. Bush on October 30, 2004. The Act amended the DNA Analysis Backlog Elimination Act of 2000, the DNA Identification Act of 1994, the Violence Against Women Act of 2000, and the Uniform Code of Military Justice. The Act was reauthorized in 2008, extending the availability of DNA backlog reduction program grants, DNA evidence training and education program grants, and sexual assault forensic exam program grants through fiscal year 2014.
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Katie's Law, also known as the Katie Sepich Enhanced DNA Collection Act of 2010, is a federal law to provide funding to states to implement minimum and enhanced DNA collection processes for felony arrests. The bill is named after Katie Sepich, who was brutally attacked outside of her New Mexico home in August 2003. She was raped, strangled, her body set on fire, and abandoned at an old dump site.
The Combined DNA Index System (CODIS) is the United States national DNA database created and maintained by the Federal Bureau of Investigation. CODIS consists of three levels of information; Local DNA Index Systems (LDIS) where DNA profiles originate, State DNA Index Systems (SDIS) which allows for laboratories within states to share information, and the National DNA Index System (NDIS) which allows states to compare DNA information with one another.
Rapid DNA describes the fully automated process of developing a CODIS Core STR profile or other STR profile from a reference sample buccal swab. The “swab in – profile out” process consists of automated extraction, amplification, separation, detection and allele calling without human intervention. A machine designed to perform such rapid DNA analysis is called a DNA "magic box" by enforcement authorities.
The Science and Technology Branch (STB) is a service within the Federal Bureau of Investigation that comprises three separate divisions and three program offices. The goal when it was founded in July 2006 was to centralize the leadership and management of the three divisions. The mission of the STB is discover, develop, and deliver innovative science and technology so that intelligence and innovative investigation is enhanced.
Criminal records in the United States contain records of arrests, criminal charges and the disposition of those charges. Criminal records are compiled and updated on local, state, and federal levels by government agencies, most often law enforcement agencies. Their primary purpose is to present a comprehensive criminal history for a specific individual.
United States v. Kincade, 379 F.3d 813, is a case of the United States Court of Appeals for the Ninth Circuit dealing with the constitutionality of collecting and retaining DNA from parolees.
Maryland v. King, 569 U.S. 435 (2013), was a decision of the United States Supreme Court which held that a cheek swab of an arrestee's DNA is comparable to fingerprinting and therefore, a legal police booking procedure that is reasonable under the Fourth Amendment.
Gundy v. United States, No. 17-6086, 588 U.S. ___ (2019), was a United States Supreme Court case that held that 42 U.S.C. § 16913(d), part of the Sex Offender Registration and Notification Act ("SORNA"), does not violate the nondelegation doctrine. The section of the SORNA allows the Attorney General to "specify the applicability" of the mandatory registration requirements of "sex offenders convicted before the enactment of [SORNA]". Precedent is that it is only constitutional for Congress to delegate legislative power to the executive branch if it provides an "intelligible principle" as guidance. The outcome of the case could have greatly influenced the broad delegations of power Congress has made to the federal executive branch, but it did not.
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