118 STAT. 2270 PUBLIC LAW 108–405—OCT. 30, 2004 (C) by adding at the end the following: ‘‘(ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and all charges for which the analysis was or could have been included in the index have been dismissed or resulted in acquittal.’’. (b) FELONS CONVICTED OF FEDERAL CRIMES.—Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is amended to read as follows: ‘‘(d) QUALIFYING FEDERAL OFFENSES.—The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: ‘‘(1) Any felony. ‘‘(2) Any offense under chapter 109A of title 18, United States Code. ‘‘(3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code). ‘‘(4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).’’. (c) MILITARY OFFENSES.—Section 1565(d) of title 10, United States Code, is amended to read as follows: ‘‘(d) QUALIFYING MILITARY OFFENSES.—The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: ‘‘(1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed. ‘‘(2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d))).’’. (d) KEYBOARD SEARCHES.—Section 210304 of the DNA Identi fication Act of 1994 (42 U.S.C. 14132), as amended by subsection (a), is further amended by adding at the end the following new subsection: ‘‘(e) AUTHORITY FOR KEYBOARD SEARCHES.— ‘‘(1) IN GENERAL.—The Director shall ensure that any per son who is authorized to access the index described in sub section (a) for purposes of including information on DNA identi fication records or DNA analyses in that index may also access that index for purposes of carrying out a one time keyboard search on information obtained from any DNA sample lawfully collected for a criminal justice purpose except for a DNA sample voluntarily submitted solely for elimination purposes. ‘‘(2) DEFINITION.—For purposes of paragraph (1), the term ‘keyboard search’ means a search under which information obtained from a DNA sample is compared with information in the index without resulting in the information obtained from a DNA sample being included in the index. ‘‘(3) NO PREEMPTION.—This subsection shall not be con strued to preempt State law. (e) INCREASED PENALTIES FOR MISUSE OF DNA ANALYSES.— (1) Section 210305(c)(2) of the DNA Identification Act of 1994 (42 U.S.C. 14133(c)(2)) is amended by striking ‘‘$100,000’’ and inserting ‘‘$250,000, or imprisoned for a period of not more than one year, or both’’.
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