Collapse to view only § 40743. Expungement of profiles
- § 40741. Definitions
- § 40742. Grants to States to implement DNA arrestee collection processes
- § 40743. Expungement of profiles
- § 40744. Offset of funds appropriated
§ 40741. Definitions
For purposes of this subchapter:
(1) DNA arrestee collection process
The term “DNA arrestee collection process” means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the index described in section 12592(a) of this title (in this subchapter referred to as the “National DNA Index System”), of DNA profiles or DNA data from the following individuals who are at least 18 years of age:
(A) Individuals who are arrested for or charged with a criminal offense under State law that consists of a homicide.
(B) 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.
(C) Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnaping or abduction and that is punishable by imprisonment for more than 1 year.
(D) Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year.
(E) Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.
(2) State
(Pub. L. 112–253, § 2, Jan. 10, 2013, 126 Stat. 2407.)
§ 40742. Grants to States to implement DNA arrestee collection processes
(a) In general
(b) Applications
(1) In general
(2) Non-supplanting funds
(3) Other requirements
(c) Grant allocation
(1) In general
(2) Maximum grant allocation
(d) Grant conditions
As a condition of receiving a grant under this section, a State shall have a procedure in place to—
(1) provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA profile or DNA data for inclusion in the index;
(2) provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public Web site; and
(3) make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party.
(Pub. L. 112–253, § 3, Jan. 10, 2013, 126 Stat. 2408.)
§ 40743. Expungement of profiles
The expungement requirements under section 12592(d) of this title shall apply to any DNA profile or DNA data collected pursuant to this subchapter for purposes of inclusion in the National DNA Index System.
(Pub. L. 112–253, § 4, Jan. 10, 2013, 126 Stat. 2408.)
§ 40744. Offset of funds appropriated
Any funds appropriated to carry out this subchapter, not to exceed $10,000,000 for each of fiscal years 2013 through 2015, shall be derived from amounts appropriated pursuant to subsection (j) of section 40701 of this title in each such fiscal year for grants under such section.
(Pub. L. 112–253, § 5, Jan. 10, 2013, 126 Stat. 2409.)