To eliminate the backlog in performing DNA analyses of DNA samples collected from convicted child sex offenders, and for other purposes.

February 25, 2003

Mr. KING of New York introduced the following bill; which was referred to the Committee on the Judiciary

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.

END