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DNA Collection

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.

DNA Sample Collection and Biological Preservation in Federal Jurisdiction

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