H.R. 5789 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5789 IN THE HOUSE OF REPRESENTATIVES December 3, 2014 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a system for integration of Rapid DNA instruments for use by law enforcement to reduce violent crime and reduce the current DNA analysis backlog. 1. Short title This Act may be cited as the Rapid DNA Act of 2014. 2. Definitions The DNA Identification Act of 1994 (42 U.S.C. 14132) is amended by inserting at the end the following: __. Definitions (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. (2) The term DNA analysis means analysis of the deoxyribonucleic acid (DNA) identification information from a bodily sample. (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. (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. (5) The term operators means persons trained to operate a sample-to-answer DNA system. . 3. Revised quality assurance and proficiency testing standards Section 210303 of the DNA Identification Act of 1994 (42 U.S.C. 14131) is amended— (1) in subsection (a)(1)(B), by inserting after Technology the following: , and members from Federal, State, and local law enforcement agencies.; (2) 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) 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) 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) 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) 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) 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) 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) 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.. 4. Qualifying agencies Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended— (1) in subsection (b)(2), by inserting after laboratories the following: or qualified agencies; (2) in subsection (b)(2)(A), by striking ; and at the end and inserting a semicolon; and (3) in subsection (b)(2), by inserting the following new subparagraph: (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 . 5. District of Columbia DNA analysis Section ____ of the DNA Identification Act of 1994 (42 U.S.C. 14135b) is amended in subsection (b), by inserting after the DNA shall be analyzed the following: on a sample-to-answer DNA analysis system.