§ 22–4153. Collection of DNA identification information from convicted offenders.

(a)(1) A District agency may collect a DNA sample from an individual who is, or has been, convicted of an offense set forth in § 22-4151(a).

(2) A District agency or the court, as applicable, may authorize, or enter into agreements with, other local, state, or federal governmental agencies or private entities to collect DNA samples under this section.

(3) An agency or entity may, but need not, collect a DNA sample from an individual if:

(A) Another agency or entity has collected, or will collect, a DNA sample from that individual and has provided, or will provide, the sample for analysis and inclusion of the results in CODIS as provided in subsection (b) of this section; or

(B) CODIS already contains a DNA analysis with respect to that individual.

(4) DNA sample collection may be repeated if the agency or entity responsible for collection is informed that a sample collected from the individual does not satisfy the requirements for analysis or for entry of the results of the analysis into CODIS.

(b) The agency or entity, as applicable, shall furnish each DNA sample collected under this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved by the FBI, for the purpose of carrying out a DNA analysis on each such DNA sample and including the results in CODIS. The requirements of this subsection may be waived, with the permission of the Federal Bureau of Investigation, if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.

(c) The authorization of DNA sample collection by this section shall not limit DNA sample collection by any agency pursuant to any other authority.

(d) For the purposes of this section, the terms "DNA sample", "DNA analysis", and "Rapid DNA instruments" shall have the same meaning as provided in 34 U.S.C. § 40703(c).