[Code of Federal Regulations] [Title 28, Volume 1] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 28CFR28.1] [Page 455] TITLE 28--JUDICIAL ADMINISTRATION CHAPTER I--DEPARTMENT OF JUSTICE PART 28_DNA IDENTIFICATION SYSTEM--Table of Contents Subpart A_Qualifying Federal Offenses for Purposes of DNA Sample Collection Sec. 28.1 Purpose. Subpart A_Qualifying Federal Offenses for Purposes of DNA Sample Collection Sec. 28.1 Purpose. 28.2 Determination of offenses. Subpart B_DNA Sample Collection, Analysis, and Indexing 28.11 Definitions. 28.12 Collection of DNA samples. 28.13 Analysis and indexing of DNA samples. Subpart C_Preservation of Biological Evidence 28.21 Purpose. 28.22 The requirement to preserve biological evidence. 28.23 Evidence subject to the preservation requirement. 28.24 Exceptions based on the results of judicial proceedings. 28.25 Exceptions based on a defendant's conduct. 28.26 Exceptions based on the nature of the evidence. 28.27 Non-preemption of other requirements. 28.28 Sanctions for violations. Authority: 28 U.S.C. 509, 510; 42 U.S.C. 14132, 14135a, 14135b; 10 U.S.C. 1565; 18 U.S.C. 3600A; Pub. L. 106-546, 114 Stat. 2726; Pub. L. 107-56, 115 Stat. 272; Pub. L. 108-405, 118 Stat. 2260. Source: Order No. 2699-2003, 68 FR 74858, Dec. 29, 2003, unless otherwise noted. 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. [Order No. 2753-2005, 70 FR 4767, Jan. 31, 2005]