The DNA identification system helps solve crimes by matching the DNA left
in crime scene evidence by perpetrators of crimes with the DNA profiles
in national, state, and local DNA databases. The DNA profiles in the databases
are derived from DNA samples that the states and the federal government
collect from crime scenes and from individuals in the criminal justice
system. All of the states and the federal government collect DNA samples
from certain categories of individuals for this purpose. In 2000, Congress
initially authorized the collection of DNA samples by federal agencies from
persons convicted of certain federal crimes. Since that time, it has amended
42 U.S.C. 14135a. Most recently, Congress amended 42 U.S.C. 14135a to authorize
the Attorney General to extend DNA sample collection by regulation to any
individuals who are arrested, facing charges, or convicted, and to non-United
States persons who are detained under the authority of the United States.
The Office of Legal Policy is in the process of developing regulations to
implement this latest authority and has been responsible for the development
of earlier regulations relating to DNA sample collection. The regulations
governing DNA sample collection in the federal jurisdiction appear in 28
CFR Part 28.
Federal Regulations on DNA Identification System (28 CFR Part 28)
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