Page:United States Statutes at Large Volume 114 Part 4.djvu/671

 PUBLIC LAW 106-546—DEC. 19, 2000 114 STAT. 2733 (b) INITIAL DETERMINATION OF QUALIFYING MILITARY Deadline. OFFENSES.—The initial determination of qualifying military offenses 10 USC 1565 under section 1565(d) of title 10, United States Code, as added °°*^- by subsection (a)(1), shall be made not later than 120 days after the date of the enactment of this Act. (c) COMMENCEMENT OF COLLECTION.— Collection of DNA sam- lo use i565 pies under section 1565(a) of such title, as added by subsection J^ote. (a)(1), shall, subject to the availability of appropriations, commence not later than the date that is 60 days after the date of the initial determination referred to in subsection (b). SEC. 6. EXPANSION OF DNA IDENTIFICATION INDEX. (a) USE OF CERTAIN FUNDS. — Section 811(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C. 531 note) is amended to read as follows: "(2) the Director of the Federal Bureau of Investigation shall expand the combined DNA Identification System (CODIS) to include analyses of DNA samples collected from— ^ "(A) individuals convicted of a qualifying Federal offense, as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000; "(B) individuals convicted of a qualifying District of Columbia offense, as determined under section 4(d) of the DNA Analysis Backlog Elimination Act of 2000; and "(C) members of the Armed Forces convicted of a qualifying military offense, as determined under section 1565(d) of title 10, United States Code.". (b) INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA IDENTIFICATION INFORMATION.— Section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14132) is amended— (1) in subsection (b)(1), by inserting after "criminal justice agency^' the following: "(or the Secretary of Defense in accordance with section 1565 of title 10, United States Code)"; (2) in subsection (b)(2), by striking ", at regular intervals of not to exceed 180 days," and inserting "semiannual"; (3) in subsection (b)(3), by inserting after "criminal justice agencies" in the matter preceding subparagraph (A) the following: "(or the Secretary of Defense in accordance with section 1565 of title 10, United States Code)"; and (4) by adding at the end the following new subsection: "(d) EXPUNGEMENT OF RECORDS. — "(1) BY DIRECTOR. —(A) The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the index on the basis of a qualifying Federal offense or a qualifying District of Columbia offense (as determined under sections 3 and 4 of the DNA Analysis Backlog Elimination Act of 2000, respectively) if the Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned. "(B) For purposes of subparagraph (A), the term 'qualifying offense' means any of the following offenses: "(i) A qualifying Federal offense, as determined under section 3 of the DNA Analysis Backlog Elimination Act of 2000.

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