Page:United States Statutes at Large Volume 114 Part 4.djvu/667

 PUBLIC LAW 106-546—DEC. 19, 2000 114 STAT. 2729 (3) INDIVIDUALS ALREADY IN CODIS.— For each individual described in paragraph (1) or (2), if the Combined DNA Index System (in this section referred to as "CODIS") of the Federal Bureau of Investigation contains a DNA analysis with respect to that individual, or if a DNA sample has been collected from that individual under section 1565 of title 10, United States Code, the Director of the Bureau of Prisons or the probation office responsible (as applicable) may (but need not) collect a DNA sample from that individual. (4) COLLECTION PROCEDURES.— (A) The Director of the Bureau of Prisons or the probation office responsible (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample. (B) The Director of the Bureau of Prisons or the probation office, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2). (5) CRIMINAL PENALTY. —An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the collection of that sample shall be— (A) guilty of a class A misdemeanor; and (B) punished in accordance with title 18, United States Code. (b) ANALYSIS AND USE OF SAMPLES. —-The Director of the Bureau of Prisons or the probation office responsible (as applicable) shall furnish each DNA sample collected under subsection (a) to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample and include the results in CODIS. (c) DEFINITIONS. —In this section: (1) The term "DNA sample" means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. (2) The term "DNA analysis" means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample. (d) QUALIFYING FEDERAL OFFENSES.—(1) The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses under title 18, United States Code, as determined by the Attorney General: (A) Murder (as described in section 1111 of such title), voluntary manslaughter (as described in section 1112 of such title), or other offense relating to homicide (as described in chapter 51 of such title, sections 1113, 1114, 1116, 1118, 1119, 1120, and 1121). (B) An offense relating to sexual abuse (as described in chapter 109A of such title, sections 2241 through 2245), to sexual exploitation or other abuse of children (as described in chapter 110 of such title, sections 2251 through 2252), or to transportation for illegal sexual activity (as described in chapter 117 of such title, sections 2421, 2422, 2423, and 2425). (C) An offense relating to peonage and slavery (as described in chapter 77 of such title).

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