Chapter 41B. DNA Sample Collection.

§ 22–4151. Qualifying offenses.

(a) The following criminal offenses shall be qualifying offenses for the purposes of DNA collection under the DNA Analysis Backlog Elimination Act of 2000, approved December 19, 2000 (Pub. L. No. 106-546; 114 Stat. 2726) [42 U.S.C. §§ 14135-14135e]:

(1) Any felony;

(2) Any offense for which the penalty is greater than one year imprisonment;

(3) § 22-1312(b) (lewd, indecent, or obscene acts (knowingly in the presence of a child under the age of 16 years));

(4) § 22-2201 (certain obscene activities involving minors);

(5) § 22-3102 (sexual performances using minors);

(6) § 22-3006 (misdemeanor sexual abuse);

(7) § 22-3010.01 (misdemeanor sexual abuse of a child or minor); and

(8) Attempt or conspiracy to commit any of the offenses listed in paragraphs (1) through (7) of this subsection.

(b) DNA collected by an agency of the District of Columbia shall not be searched for the purpose of identifying a family member related to the individual from whom the DNA sample was acquired.

(Nov. 3, 2001, D.C. Law 14-52, § 2, 48 DCR 5934; Oct. 26, 2001, D.C. Law 14-42, § 22, 48 DCR 7612; Oct. 17, 2002, D.C. Law 14-194, § 158, 49 DCR 5306; Dec. 10, 2009, D.C. Law 18-88, § 218, 56 DCR 7413.)

Effect of Amendments

D.C. Law 14-42, in par. (37), substituted “(misdemeanor sexual abuse) where the offense is committed against a minor;” for “(misdemeanor sexual abuse);”.

D.C. Law 14-194 made a nonsubstantive change in par. (45); added pars, ((45A), (45B), and (45C); and in par. (46), substituted “par. (45C)” for “par. (45)”.

D.C. Law 18-88 rewrote the section.

Emergency Legislation

For temporary (90 day) addition of section, see § 2 of DNA Sample Collection Emergency Act of 2001 (D.C. Act 14-77, June 18,

§ 22–4152. Collection and use of DNA identification information from defendants.

(a)(1) The Mayor may collect a DNA sample from each individual who has been charged by information, complaint, or indictment for:

(A) A crime of violence, as that term is defined in § 23-1331(4);

(B) A dangerous crime, as that term is defined in § 23-1331(3);

(D) Attempt or conspiracy to commit any of the offenses listed in subparagraphs (A) through (C) of this paragraph.

(2) If an individual appears in court having been charged by information, complaint, or indictment with an offense set forth in subsection (a)(1) of this section without previously having a DNA sample collected, the court may direct the collection of a DNA sample from that individual.

(3) DNA sample collection under this section may be limited to individuals who are fingerprinted.

(4) The Mayor, the Metropolitan Police Department, or the court, as applicable, may authorize, or enter into agreements with, other local, state, or federal governmental agencies or private entities to collect DNA samples under this section.

(5) An agency or entity may, but need not, collect a DNA sample from an individual if:

(A) Another agency or entity has collected, or will collect, a DNA sample from that individual and has provided, or will provide, the sample for analysis and inclusion of the results in CODIS as provided in subsection (b) of this section; or

(B) CODIS already contains a DNA analysis with respect to that individual.

(6) DNA sample collection may be repeated if the agency or entity responsible for collection is informed that a sample collected from the individual does not satisfy the requirements for analysis or for entry of the results of the analysis into CODIS.

(b) The Mayor or other authorized agency or entity (as applicable) shall furnish an individual's DNA sample collected under this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved by the FBI, for the purpose of carrying out a DNA analysis on the DNA sample and including the results in CODIS. The requirement to furnish the DNA sample to the FBI Laboratory or to another laboratory approved by the FBI may be waived, with the permission of the FBI, if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS. DNA samples may not be collected, analyzed, or included in CODIS under this section before a judicial officer has made an initial probable cause finding that the individual committed an offense set forth in subsection (a)(1) of this section.

(c) Any DNA samples collected and records of DNA analyses generated under this section shall be destroyed and expunged automatically from CODIS if:

(1) A criminal action begun against the individual does not result in a conviction of the individual for an offense set forth in subsection (a)(1) of this section;

(2) The conviction for an offense set forth in subsection (a)(1) of this section is reversed or vacated and no new trial is permitted; or

(3) The individual is granted an unconditional pardon.

(d) The authorization of DNA sample collection by this section shall not limit DNA sample collection by any agency pursuant to any other authority.

(e) For the purposes of this section, the terms "DNA sample", "DNA analysis", and "Rapid DNA instruments" shall have the same meaning as provided in 34 U.S.C. § 40703(c).

§ 22–4153. Collection of DNA identification information from convicted offenders.

(a)(1) A District agency may collect a DNA sample from an individual who is, or has been, convicted of an offense set forth in § 22-4151(a).

(2) A District agency or the court, as applicable, may authorize, or enter into agreements with, other local, state, or federal governmental agencies or private entities to collect DNA samples under this section.

(3) An agency or entity may, but need not, collect a DNA sample from an individual if:

(B) CODIS already contains a DNA analysis with respect to that individual.

(4) DNA sample collection may be repeated if the agency or entity responsible for collection is informed that a sample collected from the individual does not satisfy the requirements for analysis or for entry of the results of the analysis into CODIS.

(b) The agency or entity, as applicable, shall furnish each DNA sample collected under this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved by the FBI, for the purpose of carrying out a DNA analysis on each such DNA sample and including the results in CODIS. The requirements of this subsection may be waived, with the permission of the Federal Bureau of Investigation, if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.

(c) The authorization of DNA sample collection by this section shall not limit DNA sample collection by any agency pursuant to any other authority.

(d) For the purposes of this section, the terms "DNA sample", "DNA analysis", and "Rapid DNA instruments" shall have the same meaning as provided in 34 U.S.C. § 40703(c).