114 STAT. 2734 PUBLIC LAW 106-546—DEC. 19, 2000 42 USC 14135c. "(ii) A qualifying District of Columbia offense, as determined under section 4 of the DNA Analysis Backlog Elimination Act of 2000. "(iii) A qualifying military offense, as determined under section 1565 of title 10, United States Code. "(C) For purposes of subparagraph (A), a court order is not 'final' if time remains for an appeal or application for discretionary review with respect to the order. "(2) BY STATES. — (A) As a condition of access to the index described in subsection (a), a State shall promptly expunge from that index the DNA analysis of a person included in the index by that State if the responsible agency or official of that State receives, for each conviction of the person of an offense on the basis of which that analysis was or could have been included in the index, a certified copy of a final court order establishing that such conviction has been overturned. "(B) For purposes of subparagraph (A), a court order is not 'final' if time remains for an appeal or application for discretionary review with respect to the order.". SEC. 7. CONDITIONS OF RELEASE. (a) CONDITIONS OF PROBATION. — Section 3563(a) of title 18, United States Code, is amended— (1) in paragraph (7), by striking "and" at the end; (2) in paragraph (8), by striking the period at the end and inserting "; and"; and (3) by inserting after paragraph (8) the following: "(9) that the defendant cooperate in the collection of a DNA sample from the defendant if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000.". (b) CONDITIONS OF SUPERVISED RELEASE.— Section 3583(d) of title 18, United States Code, is amended by inserting before "The court shall also order" the following: "The court shall order, as an explicit condition of supervised release, that the defendant cooperate in the collection of a DNA sample from the defendant, if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog EHmination Act of 2000.". (c) CONDITIONS OF PAROLE.— Section 4209 of title 18, United States Code, insofar as such section remains in effect with respect to certain individuals, is amended by inserting before "In every case, the Commission shall also impose" the following: "In every case, the Commission shall impose as a condition of parole that the parolee cooperate in the collection of a DNA sample from the parolee, if the collection of such a sample is authorized pursuant to section 3 or section 4 of the DNA Analysis Backlog Elimination Act of 2000 or section 1565 of title 10.". (d) CONDITIONS OF RELEASE GENERALLY.— If the collection of a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to section 3 or 4 of this Act or section 1565 of title 10, United States Code, the individual shall cooperate in the collection of a DNA sample as a condition of that probation, parole, or supervised release. SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS. (a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANTS.— Section 503(a)(12)(C) of title I of the Omnibus Crime Control and
�
