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Jan 13, 2015viewing Reported in House Mr. Sensenbrenner (for himself and Mr. Swalwell of California) introduced the following bill; which was referred to the Committee on the Judiciary See what changed
Jan 13, 2015 Introduced in House Mr. Sensenbrenner (for himself and Mr. Swalwell of California) introduced the following bill; which was referred to the Committee on the Judiciary

H.R. 320 — what changed

Rapid DNA Act of 2016

From Introduced in House to Reported in House. 3 sections amended and 2 removed between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Rapid DNA Act of ~~2015”.~~2016”.

Sec. 2 Rapid DNA instruments

(a)

added Standards— Section 210303(a) of the DNA Identification Act of 1994 (42 U.S.C. 14131(a)) is amended by adding at the end the following:

added “(5)

added “(A) In addition to issuing standards as provided in paragraphs (1) through (4), the Director of the Federal Bureau of Investigation shall issue standards and procedures for the use of Rapid DNA instruments and resulting DNA analyses.

added “(B) In this Act, the term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample.”

(b)

added Index— Paragraph (2) of section 210304(b) of the DNA Identification Act of 1994 (42 U.S.C. 14132(b)(2)) is amended to read as follows:

added “(2) prepared by—

added “(A) laboratories that—

added “(i) have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and

added “(ii) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; or

added “(B) criminal justice agencies using Rapid DNA instruments approved by the Director of the Federal Bureau of Investigation in compliance with the standards and procedures issued by the Director under section 210303(a)(5); and”

removed ~~The DNA Identification Act of 1994 (42 U.S.C. 14132) is amended by inserting at the end the following:~~

removed ~~“__. Definitions~~

removed ~~“(1) The term “reference DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.~~

removed ~~“(2) The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information from a bodily sample.~~

removed “(3) The term “sample-to-answer DNA analysis systems” means fully automated systems that after input of a DNA sample can perform all necessary sample preparation and analysis with no operator intervention.

removed “(4) The term “qualified agencies” means booking stations, jails, prisons, detention centers, other law enforcement organizations, and facilities outside of forensic laboratories that can perform DNA analysis using sample-to-answer DNA systems on subjects meeting current legislative guidelines.

removed ~~“(5) The term “operators” means persons trained to operate a sample-to-answer DNA system.”~~

Sec. 3 Conforming amendments relating to collection of DNA identification information

(a)

added From certain Federal offenders— Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended—

(1)

added in subsection (b), by adding at the end the following: “The Director of the Federal Bureau of Investigation may waive the requirements under this subsection if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.”; and

(2)

added in subsection (c), by adding at the end the following:

added “(3) The term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample.”

removed ~~Section 210303 of the DNA Identification Act of 1994 (42 U.S.C. 14131) is amended—~~

(b)

changed From certain District of Columbia offenders— ~~in subsection (a)(1)(B), by inserting after “Technology”~~ Section 4 of the ~~following: “, and members from Federal, State, and local law enforcement agencies.”;~~DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135b) is amended—

(1)

(2)

added in subsection (c), by adding at the end the following:

added “(3) The term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample.”

(2)

removed in subsection (a)(1)(C), by inserting after “DNA” the following: “and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems.”;

(3)

removed in subsection (a)(2), by inserting after “DNA” the following: “DNA and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems.”;

(4)

removed in subsection (a)(3), by inserting after “used by forensic laboratories” the following: “and by qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.”; and by inserting after “determine whether a laboratory” the following: “, or agency,”;

(5)

removed in subsection (a)(4), by inserting after “for purposes of this section” the following: “, and for qualified agencies the quality assurance guidelines recommended by the scientific working group on DNA analysis methods.”;

(6)

removed ~~in subsection (c)(1)(A), by inserting after “forensic DNA analyses” the following: “; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.”;~~

(7)

removed in subsection (c)(1)(B), by inserting after “forensic DNA analyses” the following: “; and for qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.”;

(8)

removed in subsection (c)(1)(C), by inserting after “forensic DNA analyses” the following: “; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.”; and

(9)

removed in subsection (c)(2), by inserting after “routine evidence” the following: “; and for qualified agencies the term “blind external proficiency test” means a test that is presented to qualified agencies through a second agency and appears to the operator to involve routine DNA samples for sample-to-answer DNA analysis systems.”.

Sec. 4 Qualifying agencies

removed

removed ~~Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended—~~

(1)

removed ~~in subsection (b)(2), by inserting after “laboratories” the following: “or qualified agencies”;~~

(2)

removed ~~in subsection (b)(2)(A), by striking “; and” at the end and inserting a semicolon; and~~

(3)

removed ~~in subsection (b)(2), by inserting the following new subparagraph:~~

removed “(C) are a qualifying agency engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and the analysis of DNA samples is conducted on a sample-to-answer DNA analysis system; and”

Sec. 5 District of Columbia DNA analysis