2015/02/12

Digital Journal February 8, 2015: More states sending DNA samples to CODIS for misdemeanor charges

The state of Virginia considers joining a growing number of states to pass laws that require DNA samples from criminals convicted of misdemeanors.

It’s generally commonly accepted that if a person is convicted of a serious crime such as murder or rape, their DNA will be collected and saved in a searchable database for future use.

Originally, 42 U.S. Code § 14135a - Collection and use of DNA identification information from certain Federal offenders, subsection (d), provided the requirements for the federal and state government collection of DNA from offenders.

This requires DNA samples to be collected from those who are convicted of a federal felony, a sex crime or crime of violence as defined by 18 U.S. Code Chapter 109A - SEXUAL ABUSE and 18 U.S. Code § 16 - Crime of violence defined.

Any actual attempt or conspiracy to commit such a crime also results in the collection of DNA for inclusion in CODIS – the Combined DNA Index System used by the Federal Bureau of Investigation. In addition to the federally mandated DNA collection regulations required of all 50 states, passed by Congress as the DNA Fingerprint Act of 2005, individual state laws may mandate additional offenses requiring the collection of DNA samples. more