text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Katie Sepich Enhanced DNA Collection 
  Act of 2010''.
  
  SEC. 2. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS PROGRAM FOR STATES TO 
                IMPLEMENT MINIMUM AND ENHANCED DNA COLLECTION PROCESSES.
  
      Section 505 of title I of the Omnibus Crime Control and Safe 
  Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end 
  the following new subsection:
      ``(i) Payment Incentives for States to Implement Minimum and 
  Enhanced DNA Collection Processes.--
              ``(1) Payment incentives.--
                      ``(A) Bonus for minimum dna collection process.--
                  Subject to subparagraph (B), in the case of a State 
                  that receives funds for a fiscal year (beginning with 
                  fiscal year 2011) under this subpart and has 
                  implemented a minimum DNA collection process and uses 
                  such process for such year, the amount of funds that 
                  would otherwise be allocated under this subpart to such 
                  State for such fiscal year shall be increased by 5 
                  percent.
                      ``(B) Bonus for enhanced dna collection process.--
                  In the case of a State that receives funds for a fiscal 
                  year (beginning with fiscal year 2011) under this 
                  subpart and has implemented an enhanced DNA collection 
                  process and uses such process for such year, the amount 
                  of funds that would otherwise be allocated under this 
                  subpart to such State for such fiscal year shall be 
                  increased by 10 percent.
              ``(2) Definitions.--For purposes of this subsection:
                      ``(A) Minimum dna collection process.--The term 
                  `minimum DNA collection process' means, with respect to 
                  a State, a process under which the Combined DNA Index 
                  System (CODIS) of the Federal Bureau of Investigation 
                  is searched at least one time against samples from the 
                  following individuals who are at least 18 years of age:
                              ``(i) Such individuals who are arrested 
                          for, charged with, or indicted for a criminal 
                          offense under State law that consists of murder 
                          or voluntary manslaughter or any attempt to 
                          commit murder or voluntary manslaughter.
                              ``(ii) Such individuals who are arrested 
                          for, charged with, or indicted for a criminal 
                          offense under State law that has an element 
                          involving a sexual act or sexual contact with 
                          another and that is punishable by imprisonment 
                          for more than 5 years, or an attempt to commit 
                          such an offense.
                              ``(iii) Such individuals who are arrested 
                          for, charged with, or indicted for a criminal 
                          offense under State law that has an element of 
                          kidnaping or abduction punishable by 
                          imprisonment for 5 years or more.
                      ``(B) Enhanced dna collection process.--The term 
                  `enhanced DNA collection process' means, with respect 
                  to a State, a process under which the State provides 
                  for the collection, for purposes of inclusion in the 
                  Combined DNA Index System (CODIS) of the Federal Bureau 
                  of Investigation, of DNA samples from the following 
                  individuals who are at least 18 years of age:
                              ``(i) Such individuals who are arrested for 
                          or charged with a criminal offense under State 
                          law that consists of murder or voluntary 
                          manslaughter or any attempt to commit murder or 
                          voluntary manslaughter.
                              ``(ii) Such individuals who are arrested 
                          for or charged with a criminal offense under 
                          State law that has an element involving a 
                          sexual act or sexual contact with another and 
                          that is punishable by imprisonment for more 
                          than 1 year, or an attempt to commit such an 
                          offense.
                              ``(iii) Such individuals who are arrested 
                          for or charged with a criminal offense under 
                          State law that consists of a specified offense 
                          against a minor (as defined in section 111(7) 
                          of the Sex Offender Registration and 
                          Notification Act (42 U.S.C. 16911(7)), or an 
                          attempt to commit such an offense.
                              ``(iv) Such individuals who are arrested 
                          for or charged with a criminal offense under 
                          State law that consists of burglary or any 
                          attempt to commit burglary.
                              ``(v) Such individuals who are arrested for 
                          or charged with a criminal offense under State 
                          law that consists of aggravated assault.
              ``(3) Expungement of profiles.--The expungement 
          requirements under section 210304(d) of the DNA Identification 
          Act of 1994 (42 U.S.C. 14132(d)) shall apply to any samples 
          collected pursuant to this subsection for purposes of inclusion 
          in the Combined DNA Index System (CODIS) of the Federal Bureau 
          of Investigation.
              ``(4) Reports.--The Attorney General shall submit to the 
          Committee of the Judiciary of the House of Representatives and 
          the Committee of the Judiciary of the Senate an annual report 
          (which shall be made publicly available) that--
                      ``(A) lists the States, for the year involved--
                              ``(i) which have (and those States which 
                          have not) implemented a minimum DNA collection 
                          process and use such process; and
                              ``(ii) which have (and those States which 
                          have not) implemented an enhanced DNA 
                          collection process and use such process;
                      ``(B) describes the increases granted to States 
                  under paragraph (1) for the year involved and the 
                  amounts that States not receiving an increase under 
                  such paragraph would have received if such States had a 
                  minimum or enhanced DNA collection process; and
                      ``(C) includes statistics, with respect to the year 
                  involved, regarding the benefits to law enforcement 
                  resulting from the implementation of minimum and 
                  enhanced DNA collection processes, including the number 
                  of matches made due to the inclusion of arrestee 
                  profiles under such a process.
              ``(5) Authorization of appropriations.--There is authorized 
          to be appropriated to carry out this subsection for each of the 
          fiscal years 2011 through 2015, in addition to funds made 
          available under section 508, such sums as may be necessary, but 
          not to exceed the amount that is 10 percent of the total amount 
          appropriated pursuant to such section for such fiscal year.''.
  
              Passed the House of Representatives May 18, 2010.
  
              Attest:
  
                                              LORRAINE C. MILLER,
  
                                                                   Clerk.
target: Katie Sepich Enhanced DNA Collection Act of 2010 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase payments to states under the Edward Byrne Memorial Justice Assistance Grant program for implementing a minimum or an enhanced DNA collection process. Increases such payments by 5% for states that implement a minimum DNA collection process and by 10% for states that implement an enhanced DNA process.
  
  Defines "minimum DNA collection process" as a process under which the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation (FBI) is searched at least one time against samples of individuals who are at least 18 years of age and who are arrested for, charged with, or indicted for crimes involving murder, manslaughter, sexual assaults, and kidnapping or abduction.
  
  Defines "enhanced DNA collection process" as a process under which states provide for the collection, for purposes of inclusion in CODIS, of DNA samples from individuals who are at least 18 years of age and who are arrested or charged with crimes involving murder, manslaughter, sexual assault, certain sexual offenses involving a minor, burglary, and aggravated assault.
  
  Directs the Attorney General to submit to the Judiciary Committees of Congress an annual report: (1) listing states which have (and which have not) implemented a minimum or enhanced DNA collection process and which use such processes; (2) describing the increases in grant payments to states; and (3) including statistics on benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes.
  
  Authorizes appropriations for FY2011-FY2015.
feat_title: To amend part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide for incentive payments under the Edward Byrne Memorial Justice Assistance Grant program for States to implement minimum and enhanced DNA collection processes.