(a) The following criminal offenses shall be qualifying offenses for the purposes of DNA collection under the DNA Analysis Backlog Elimination Act of 2000, approved December 19, 2000 (Pub. L. No. 106-546; 114 Stat. 2726):
(1) Any felony;
(2) Any offense for which the penalty is greater than one year imprisonment;
(3) § 22-1312(b) (lewd, indecent, or obscene acts (knowingly in the presence of a child under the age of 16 years));
(4)§ 22-2201 (certain obscene activities involving minors);
(5) § 22-3102 (sexual performances using minors);
(6) § 22-3006 (misdemeanor sexual abuse);
(7) § 22-3010.01 (misdemeanor sexual abuse of a child or minor); and
(8) Attempt or conspiracy to commit any of the offenses listed in paragraphs (1) through (7) of this subsection.
(b) DNA collected by an agency of the District of Columbia shall not be searched for the purpose of identifying a family member related to the individual from whom the DNA sample was acquired.
CREDIT(S)
(Nov. 3, 2001, D.C. Law 14-52, § 2, 48 DCR 5934; Oct. 26, 2001, D.C. Law 14-42, § 22, 48 DCR 7612; Oct. 17, 2002, D.C. Law 14-194, § 158, 49 DCR 5306; Dec. 10, 2009, D.C. Law 18-88, § 218, 56 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 14-42, in par. (37), substituted “(misdemeanor sexual abuse) where the offense is committed against a minor;” for “(misdemeanor sexual abuse);”.
D.C. Law 14-194 made a nonsubstantive change in par. (45); added pars, ((45A), (45B), and (45C); and in par. (46), substituted “par. (45C)” for “par. (45)”.
D.C. Law 18-88 rewrote the section, which had read as follows:
“The following criminal offenses shall be qualifying offenses for the purposes of DNA collection under the DNA Analysis Backlog Elimination Act of 2000, approved December 19, 2000 (Pub. L. No. 106-546; 114 Stat. 2726):
“(1) § 22-301 (arson);
“(2) § 22-302 (burning of one's own property with intent to defraud or injure another);
“(3) § 22-303 (malicious burning, destruction, or injury of another's property);
“(4) § 22-401 (assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or child sexual abuse);
“(5) § 22-402 (assault with intent to commit mayhem or with dangerous weapon);
“(6) § 22-404.01 (aggravated assault);
“(7) § 22-405 (assault on member of police force, campus or university special police, or fire department using a deadly or dangerous weapon);
“(8) § 22-406 (mayhem or maliciously disfiguring);
“(9) § 22-1101 (cruelty to children);
“(10) § 22-1312(b) (lewd, indecent, or obscene acts (knowingly in the presence of a child under the age of 16 years));
“(11) § 22-801 (burglary);
“(12) § 22-1901 (incest);
“(13) § 22-2201 (certain obscene activities involving minors);
“(14) § 22-3102 (sexual performances using minors);
“(15) § 22-2001 (kidnapping);
“(16) § 22-2101 (murder in the first degree);
“(17) § 22-2102 (murder in the first degree -- obstructing railroad);
“(18) § 22-2103 (murder in the second degree);
“(19) § 22-2105 (voluntary manslaughter only);
“(20) § 22-2106 (murder of a law enforcement officer);
“(21) § 22-2704 (abducting, enticing, or harboring a child for prostitution);
“(22) § 22-2705 (pandering; inducing or compelling an individual to engage in prostitution);
“(23) § 22-2706 (compelling an individual to live life of prostitution against his or her will);
“(24) § 22-2708 (causing spouse to live in prostitution);
“(25) § 22-2709 (detaining an individual in disorderly house for debt there contracted);
“(26) Forcible rape, carnal knowledge or statutory rape as these offenses were proscribed until May 23, 1995 by § 22-4801;
“(27) § 22-2801 (robbery);
“(28) § 22-2802 (attempted robbery);
“(29) § 22-2803 (carjacking);
“(30) Indecent acts with children as this offense was proscribed until May 23, 1995 by § 22-3801(a);
“(31) Enticing a child as this offense was proscribed until May 23, 1995 by § 22-3801(b);
“(32) Sodomy as this offense was proscribed until May 23, 1995 by § 22-3802(a);
“(33) § 22-3002 (first degree sexual abuse);
“(34) § 22-3003 (second degree sexual abuse);
“(35) § 22-3004 (third degree sexual abuse);
“(36) § 22-3005 (fourth degree sexual abuse);
“(37) § 22-3006 (misdemeanor sexual abuse) where the offense is committed against a minor;
“(38) § 22-3008 (first degree child sexual abuse);
“(39) § 22-3009 (second degree child sexual abuse);
“(40) § 22-3010 (enticing a child);
“(41) § 22-3013 (first degree sexual abuse of a ward);
“(42) § 22-3014 (second degree sexual abuse of a ward);
“(43) § 22-3015 (first degree sexual abuse of a patient or client);
“(44) § 22-3016 (second degree sexual abuse of a patient or client);
“(45) § 22-3018 (attempts to commit sexual offenses);
“(45A) § 22-3152(1) (act of terrorism);
“(45B) § 22-3154 (manufacture or possession of a weapon of mass destruction);
“(45C) § 22-3155 (use, dissemination, or detonation of a weapon of mass destruction) and;
“(46) Attempt or conspiracy to commit any of the offenses listed in paragraphs (1) through (45C) of this section.”
Emergency Act Amendments
For temporary (90 day) addition of section, see § 2 of DNA Sample Collection Emergency Act of 2001 (D.C. Act 14-77, June 18, 2001, 48 DCR 5938).
D.C. Law 14-42, § 23, amended par. (37) of D.C. Act 14-77.
For temporary (90 day) addition of section, see § 2 of DNA Sample Collection Congressional Review Emergency Act of 2001 (D.C. Act 14-130, September 25, 2001, 48 DCR 9095).
For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
Law 14-52, the “DNA Sample Collection Act of 2001”, was introduced in Council and assigned Bill No. 14-63, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 1, 2001, and JUne 5, 2001, respectively. Signed by the Mayor on June 15, 2001, it was assigned Act No. 14-76 and transmitted to both Houses of Congress for its review. D.C. Law 14-52 became effective on November 10, 2001.
Law 14-194, the “Omnibus Anti-Terrorism Act of 2002”, was introduced in Council and assigned Bill No. 14-373, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on April 9, 2002, and May 7, 2002, respectively. Signed by the Mayor on June 3, 2002, it was assigned Act No. 14-380 and transmitted to both Houses of Congress for its review. D.C. Law 14-194 became effective on October 17, 2002.
For Law 18-88, see notes following § 22-402.