Page:United States Statutes at Large Volume 119.djvu/3102

 119 STAT. 3084

PUBLIC LAW 109–162—JAN. 5, 2006 victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has reasonable grounds to believe that the person to be arrested has committed, or is committing the crime;’’.

SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.

Chapter 7 of title 18, United States Code, is amended by adding at the end the following: ‘‘§ 117. Domestic assault by an habitual offender ‘‘(a) IN GENERAL.—Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction— ‘‘(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; or ‘‘(2) an offense under chapter 110A, shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years. ‘‘(b) DOMESTIC ASSAULT DEFINED.—In this section, the term ‘domestic assault’ means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.’’.

TITLE X—DNA FINGERPRINTING

DNA Fingerprint Act of 2005. 42 USC 13701 note.

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘DNA Fingerprint Act of 2005’’. SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM NATIONAL DNA INDEX.

Certification.

VerDate 14-DEC-2004

07:21 Oct 30, 2006

Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended— (1) in subsection (a)(1)(C), by striking ‘‘DNA profiles’’ and all that follows through ‘‘, and’’; (2) in subsection (d)(1), by striking subparagraph (A), and inserting the following: ‘‘(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— ‘‘(i) on the basis of conviction for 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 (42 U.S.C. 14135a, 14135b), respectively), if the Director receives, for each conviction of the person of a qualifying offense,

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