42 U.S.C. § 14132 : US Code - Section 14132: Index to facilitate law enforcement exchange of DNA identification information

Search 42 U.S.C. § 14132 : US Code - Section 14132: Index to facilitate law enforcement exchange of DNA identification information

(a) Establishment of index
The Director of the Federal Bureau of Investigation may establish
an index of -
(1) DNA identification records of -
(A) persons convicted of crimes;
(B) persons who have been charged in an indictment or
information with a crime; and
(C) other persons whose DNA samples are collected under
applicable legal authorities, provided that DNA samples that
are voluntarily submitted solely for elimination purposes shall
not be included in the National DNA Index System;
(2) analyses of DNA samples recovered from crime scenes;
(3) analyses of DNA samples recovered from unidentified human
remains; and
(4) analyses of DNA samples voluntarily contributed from
relatives of missing persons.
(b) Information
The index described in subsection (a) of this section shall
include only information on DNA identification records and DNA
analyses that are -
(1) based on analyses performed by or on behalf of a criminal
justice agency (or the Secretary of Defense in accordance with
section 1565 of title 10) in accordance with publicly available
standards that satisfy or exceed the guidelines for a quality
assurance program for DNA analysis, issued by the Director of the
Federal Bureau of Investigation under section 14131 of this
title;
(2) prepared by laboratories that -
(A) not later than 2 years after October 30, 2004, 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
(B) 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; and
(3) maintained by Federal, State, and local criminal justice
agencies (or the Secretary of Defense in accordance with section
1565 of title 10) pursuant to rules that allow disclosure of
stored DNA samples and DNA analyses only -
(A) to criminal justice agencies for law enforcement
identification purposes;
(B) in judicial proceedings, if otherwise admissible pursuant
to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant, who shall
have access to samples and analyses performed in connection
with the case in which such defendant is charged; or
(D) if personally identifiable information is removed, for a
population statistics database, for identification research and
protocol development purposes, or for quality control purposes.
(c) Failure to comply
Access to the index established by this section is subject to
cancellation if the quality control and privacy requirements
described in subsection (b) of this section are not met.
(d) Expungement of records
(1) By Director
(A) The Director of the Federal Bureau of Investigation shall
promptly expunge from the index described in subsection (a) of
this section 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 14135a and 14135b of this title,
respectively), if the Director receives, for each conviction of
the person of a qualifying offense, a certified copy of a final
court order establishing that such conviction has been
overturned; or
(ii) on the basis of an arrest under the authority of the
United States, if the Attorney General receives, for each
charge against the person on the basis of which the analysis
was or could have been included in the index, a certified copy
of a final court order establishing that such charge has been
dismissed or has resulted in an acquittal or that no charge was
filed within the applicable time period.
(B) For purposes of subparagraph (A), the term "qualifying
offense" means any of the following offenses:
(i) A qualifying Federal offense, as determined under section
14135a of this title.
(ii) A qualifying District of Columbia offense, as determined
under section 14135b of this title.
(iii) A qualifying military offense, as determined under
section 1565 of title 10.
(C) For purposes of subparagraph (A), a court order is not
"final" if time remains for an appeal or application for
discretionary review with respect to the order.
(2) By States
(A) As a condition of access to the index described in
subsection (a) of this section, a State shall promptly expunge
from that index the DNA analysis of a person included in the
index by that State if -
(i) the responsible agency or official of that State
receives, for each conviction of the person of an offense on
the basis of which that analysis was or could have been
included in the index, a certified copy of a final court order
establishing that such conviction has been overturned; or
(ii) the person has not been convicted of an offense on the
basis of which that analysis was or could have been included in
the index, and the responsible agency or official of that State
receives, for each charge against the person on the basis of
which the analysis was or could have been included in the
index, a certified copy of a final court order establishing
that such charge has been dismissed or has resulted in an
acquittal or that no charge was filed within the applicable
time period.
(B) For purposes of subparagraph (A), a court order is not
"final" if time remains for an appeal or application for
discretionary review with respect to the order.