cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
13 rows where part_number = 28 and title_number = 28 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name, amendment_citations
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 28:28:1.0.1.1.29.1.4.1 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | A | Subpart A—Qualifying Federal Offenses for Purposes of DNA Sample Collection | § 28.1 Purpose. | DOJ | [Order No. 2753-2005, 70 FR 4767, Jan. 31, 2005] | Section 3 of Pub. L. 106-546 directs the collection, analysis, and indexing of a DNA sample from each individual in the custody of the Bureau of Prisons or under the supervision of a probation office who is, or has been, convicted of a qualifying Federal offense. Subsection (d) of that section states that the offenses that shall be treated as qualifying Federal offenses are any felony and certain other types of offenses, as determined by the Attorney General. | ||||
| 28:28:1.0.1.1.29.1.4.2 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | A | Subpart A—Qualifying Federal Offenses for Purposes of DNA Sample Collection | § 28.2 Determination of offenses. | DOJ | [Order No. 2753-2005, 70 FR 4767, Jan. 31, 2005] | (a) Felony means a Federal offense that would be classified as a felony under 18 U.S.C. 3559(a) or that is specifically classified by a letter grade as a felony. (b) The following offenses shall be treated for purposes of section 3 of Pub. L. 106-546 as qualifying Federal offenses: (1) Any felony. (2) Any offense under chapter 109A of title 18, United States Code, even if not a felony. (3) Any offense under any of the following sections of the United States Code, even if not a felony: (i) In title 18, section 111, 112(b) involving intimidation or threat, 113, 115, 245, 247, 248 unless the offense involves only a nonviolent physical obstruction and is not a felony, 351, 594, 1153 involving assault against an individual who has not attained the age of 16 years, 1361, 1368, the second paragraph of 1501, 1509, 1751, 1991, or 2194 involving force or threat. (ii) In title 16, section 773g if the offense involves a violation of section 773e(a)(3), 1859 if the offense involves a violation of section 1857(1)(E), 3637(c) if the offense involves a violation of section 3637(a)(3), or 5010(b) if the offense involves a violation of section 5009(6). (iii) In title 26, section 7212. (iv) In title 30, section 1463 if the offense involves a violation of section 1461(4). (v) In title 40, section 5109 if the offense involves a violation or attempted violation of section 5104(e)(2)(F). (vi) In title 42, section 2283, 3631, or 9152(d) if the offense involves a violation of section 9151(3). (vii) In title 43, section 1063 involving force, threat, or intimidation. (viii) In title 47, section 606(b). (ix) In title 49, section 46506(1) unless the offense involves only an act that would violate section 661 or 662 of title 18 and would not be a felony if committed in the special maritime and territorial jurisdiction of the United States. (4) Any offense that is an attempt or conspiracy to commit any of the foregoing offenses, even if not a felony. (c) An offense that was or would have been a qualifying Federal offense as de… | ||||
| 28:28:1.0.1.1.29.2.4.1 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | B | Subpart B—DNA Sample Collection, Analysis, and Indexing | § 28.11 Definitions. | DOJ | DNA analysis means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample. DNA sample means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. | |||||
| 28:28:1.0.1.1.29.2.4.2 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | B | Subpart B—DNA Sample Collection, Analysis, and Indexing | § 28.12 Collection of DNA samples. | DOJ | [AG Order No. 3023-2008, 73 FR 74942, Dec. 10, 2008; Order No. 4646-2020, 85 FR 13493, Mar. 9, 2020] | (a) The Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of— (1) A Federal offense (including any offense under the Uniform Code of Military Justice); or (2) A qualifying District of Columbia offense, as determined under section 4(d) of Public Law 106-546. (b) Any agency of the United States that arrests or detains individuals or supervises individuals facing charges shall collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the United States. For purposes of this paragraph, “non-United States persons” means persons who are not United States citizens and who are not lawfully admitted for permanent residence as defined in 8 CFR 1.2. Unless otherwise directed by the Attorney General, the collection of DNA samples under this paragraph may be limited to individuals from whom the agency collects fingerprints and may be subject to other limitations or exceptions approved by the Attorney General. The DNA-sample collection requirements for the Department of Homeland Security in relation to non-arrestees do not include, except to the extent provided by the Secretary of Homeland Security, collecting DNA samples from: (1) Aliens lawfully in, or being processed for lawful admission to, the United States; (2) Aliens held at a port of entry during consideration of admissibility and not subject to further detention or proceedings; or (3) Aliens held in connection with maritime interdiction. (c) The DNA-sample collection requirements under this section shall be implemented by each agency by January 9, 2009. (d) Each individual described in paragraph (a) or (b) of this section shall cooperate in the collection of a DNA sample from that individual. Agencies required to collect DNA samples under this section may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an i… | ||||
| 28:28:1.0.1.1.29.2.4.3 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | B | Subpart B—DNA Sample Collection, Analysis, and Indexing | § 28.13 Analysis and indexing of DNA samples. | DOJ | (a) The Federal Bureau of Investigation shall carry out a DNA analysis on each DNA sample furnished to the Federal Bureau of Investigation pursuant to section 3(b) or 4(b) of Public Law 106-54, and shall include the results in the Combined DNA Index System. (b) The Federal Bureau of Investigation shall include in the Combined DNA Index System the results of each analysis furnished to the Federal Bureau of Investigation pursuant to 10 U.S.C. 1565(b)(2). | |||||
| 28:28:1.0.1.1.29.3.4.1 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.21 Purpose. | DOJ | Section 3600A of title 18 of the United States Code (“section 3600A”) requires the Government to preserve biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense, subject to certain limitations and exceptions. The general purpose of this requirement is to preserve biological evidence for possible DNA testing under 18 U.S.C. 3600. Subsection (e) of section 3600A requires the Attorney General to promulgate regulations to implement and enforce section 3600A, including appropriate disciplinary sanctions to ensure that employees comply with such regulations. | |||||
| 28:28:1.0.1.1.29.3.4.2 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.22 The requirement to preserve biological evidence. | DOJ | (a) Applicability in general. The requirement of section 3600A to preserve biological evidence applies to evidence that has been retained in cases in which the offense or conviction occurred prior to the enactment of section 3600A or the adoption of this subpart, as well as to evidence secured in pending and future cases. (b) Limitation to circumstances in which a defendant is under a sentence of imprisonment for the offense. The requirement of section 3600A to preserve biological evidence secured in the investigation or prosecution of a Federal offense begins to apply when a defendant is convicted and sentenced to imprisonment for the offense, and ceases to apply when the defendant or defendants are released following such imprisonment. The evidence preservation requirement of section 3600A does not apply in the following situations: (1) Inapplicability at the investigative stage. The requirement of section 3600A to preserve biological evidence does not apply at the investigative stage of criminal cases, occurring prior to the conviction and sentencing to imprisonment of a defendant. Biological evidence may be collected and preserved in the investigation of Federal offenses prior to the sentencing of a defendant to imprisonment, reflecting sound investigative practice and the need for evidence in trial proceedings that may result from the investigation, but section 3600A does not govern these activities. (2) Inapplicability to cases involving only non-incarcerative sentences. The requirement of section 3600A to preserve biological evidence does not apply in cases in which defendants receive only nonincarcerative sentences, such as probation, fines, or payment of restitution. (3) Inapplicability following release. The requirement of section 3600A to preserve biological evidence ceases to apply when the defendant or defendants are released following imprisonment, either unconditionally or under supervision. The requirement does not apply during any period following the release of the defendant or def… | |||||
| 28:28:1.0.1.1.29.3.4.3 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.23 Evidence subject to the preservation requirement. | DOJ | (a) Biological evidence generally. The evidence preservation requirement of section 3600A applies to “biological evidence,” which is defined in section 3600A(b). The covered evidence is sexual assault forensic examination kits under section 3600A(b)(1) and semen, blood, saliva, hair, skin tissue, or other identified biological material under section 3600A(b)(2). (b) Biological evidence under section 3600A(b)(2). Biological evidence within the scope of section 3600A(b)(2) is identified biological material that may derive from a perpetrator of the offense, and hence might be capable of shedding light on the question of a defendant's guilt or innocence through DNA testing to determine whether the defendant is the source of the material. In greater detail, evidence within the scope of section 3600A(b)(2) encompasses the following: (1) Identified biological material. Beyond sexual assault forensic examination kits, which are specially referenced in section 3600A(b)(1), section 3600A requires preservation only of evidence that is detected and identified as semen, blood, saliva, hair, skin tissue, or some other type of biological material. Section 3600A's preservation requirement does not apply to an item of evidence merely because it is known on theoretical grounds that physical things that have been in proximity to human beings almost invariably contain unidentified and imperceptible amounts of their organic matter. (2) Material that may derive from a perpetrator of the crime. Biological evidence within the scope of section 3600A(b)(2) must constitute “biological material.” In the context of section 3600A, this term does not encompass all possible types of organic matter, but rather refers to organic matter that may derive from the body of a perpetrator of the crime, and hence might be capable of shedding light on a defendant's guilt or innocence by including or excluding the defendant as the source of its DNA. | |||||
| 28:28:1.0.1.1.29.3.4.4 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.24 Exceptions based on the results of judicial proceedings. | DOJ | Subsection (c) of section 3600A makes the biological evidence preservation requirement inapplicable in two circumstances relating to the results of judicial proceedings: (a) Judicial denial of DNA testing. Section 3600A(c)(1) exempts situations in which a court has denied a motion for DNA testing under 18 U.S.C. 3600 and no appeal is pending. (b) Inclusion of defendant as source. Section 3600A(c)(5) exempts situations in which there has been DNA testing under 18 U.S.C. 3600 and the results included the defendant as the source of the evidence. | |||||
| 28:28:1.0.1.1.29.3.4.5 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.25 Exceptions based on a defendant's conduct. | DOJ | Subsection (c) of section 3600A makes the biological evidence preservation requirement inapplicable in two circumstances relating to action (or inaction) by the defendant: (a) Waiver by defendant. Section 3600A(c)(2) makes the biological evidence preservation requirement inapplicable if the defendant knowingly and voluntarily waived DNA testing in a court proceeding conducted after the date of enactment, i.e. , after October 30, 2004. Hence, for example, if a defendant waives DNA testing in the context of a plea agreement, in a pretrial colloquy with the court, in the course of discovery in pretrial proceedings, or in a postconviction proceeding, and the proceeding in which the waiver occurs takes place after October 30, 2004, the biological evidence preservation requirement of section 3600A does not apply. (b) Notice to defendant. (1) Section 3600A(c)(3) makes the biological evidence preservation requirement inapplicable if the defendant is notified that the biological evidence may be destroyed “after a conviction becomes final and the defendant has exhausted all opportunities for direct review of the conviction,” and “the defendant does not file a motion under section 3600 within 180 days of receipt of the notice.” (2) Effective notice concerning the possible destruction of biological evidence for purposes of section 3600A(c)(3) cannot be given if the case is pending on direct review of the conviction before a court of appeals or the Supreme Court, if time remains for the defendant to file a notice of appeal from the judgment of conviction in the court of appeals, or if time remains for the defendant to file a petition for certiorari to the Supreme Court following the court of appeals' determination of an appeal of the conviction. (3) Once direct review has been completed, or the time for seeking direct review has expired, section 3600A(c)(3) allows notice to the defendant that biological evidence may be destroyed. The biological evidence preservation requirement of section 3600A thereafter does not ap… | |||||
| 28:28:1.0.1.1.29.3.4.6 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.26 Exceptions based on the nature of the evidence. | DOJ | Subsection (c)(4) of section 3600A provides that the section's biological evidence preservation requirement does not apply if “the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable.” This exception is subject to the condition that the Government must “take[] reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing.” (a) Evidence not retained beyond the investigative stage. Section 3600A(c)(4) has no application if items of the sort it describes— e.g. , items that must be returned to the rightful owner, or items that are so large that their retention is impracticable—are not kept until the time when a defendant is convicted and sentenced to imprisonment. Investigative agents may take samples from such items during the investigative stage of the case, in accordance with their judgment about what is needed for purposes of DNA testing or other evidentiary use, or may conclude that the nature of the items does not warrant taking such samples, and the items themselves may then be returned to the owners or otherwise disposed of prior to the trial, conviction, or sentencing of any defendant. In such cases, section 3600A is inapplicable, because its evidence preservation requirement does not apply at all until a defendant is sentenced to imprisonment, as noted in § 28.22(b)(1). (b) Evidence not constituting biological material. It is rarely the case that a bulky item of the sort described in section 3600A(c)(4), or a large part of such an item, constitutes biological evidence as defined in section 3600A(b). If such an item is not biological evidence in the relevant sense, it is outside the scope of section 3600A. For example, the evidence secured in the investigation of a bank robbery may include a stolen car that was used in the getaway, and there may be some item in the car containing biological material that derives from a perpetrator of the crime, such as saliva on a d… | |||||
| 28:28:1.0.1.1.29.3.4.7 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.27 Non-preemption of other requirements. | DOJ | Section 3600A's requirement to preserve biological evidence applies cumulatively with other evidence retention requirements. It does not preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved. | |||||
| 28:28:1.0.1.1.29.3.4.8 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.28 Sanctions for violations. | DOJ | (a) Disciplinary sanctions. Violations of section 3600A or of this subpart by Government employees shall be subject to the disciplinary sanctions authorized by the rules or policies of their employing agencies for violations of statutory or regulatory requirements. (b) Criminal sanctions. Violations of section 3600A may also be subject to criminal sanctions as prescribed in subsection (f) of that section. Section 3600A(f) makes it a felony offense, punishable by up to five years of imprisonment, for anyone to knowingly and intentionally destroy, alter, or tamper with biological evidence that is required to be preserved under section 3600A with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding. (c) No effect on validity of convictions. Section 3600A's requirements are enforceable through the disciplinary sanctions and criminal sanctions described in paragraphs (a) and (b) of this section. A failure to preserve biological evidence as required by section 3600A does not provide a basis for relief in any postconviction proceeding. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);