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108hr5107ih | (c) False Claims Act
Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation. 1404E. |
108hr5107ih | Crime victims notification grants
(a) In general
The Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-th... |
108hr5107ih | (b) Integration of systems
Systems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant. (c) Authorization of appropriations
In addition to funds made available under section 1402(d), there are authorized to be appropriated to carr... |
108hr5107ih | (d) False Claims Act
Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation. 104. |
108hr5107ih | Reports
(a) Administrative Office of the United States Courts
Not later than 1 year after the date of enactment of this Act and annually thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of ti... |
108hr5107ih | (b) Government Accountability Office
(1) Study
The Comptroller General shall conduct a study that evaluates the effect and efficacy of the implementation of the amendments made by this title on the treatment of crime victims in the Federal system. (2) Report
Not later than 4 years after the date of enactment of this... |
108hr5107ih | Debbie Smith DNA Backlog Grant Program
(a) Designation of program; eligibility of local governments as grantees
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— (1) by amending the heading to read as follows: 2. The Debbie Smith DNA Backlog Grant Program
; (2) in subsecti... |
108hr5107ih | and (ii) by inserting or unit of local government after State ; (B) in paragraph (2), by inserting before the period at the end the following: , including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect ; and (C) in paragraph (3), by striking ... |
108hr5107ih | (B) in paragraph (1), by inserting or unit of local government after State ; (C) in paragraph (3), by inserting or unit of local government after State the first place that term appears; (D) in paragraph (4)— (i) by inserting or unit of local government after State ; and (ii) by striking and at the end; (E) in paragrap... |
108hr5107ih | and (F) by adding at the end the following: (6) if submitted by a unit of local government, certify that the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or through a State law enforcement agency, all analyses of samples for which it has reques... |
108hr5107ih | (ii) in subparagraph (A), by striking within the State ; and (iii) in subparagraph (B), by striking within the State ; and (B) in paragraph (2)(A), by inserting and units of local government after States ; (5) in subsection (e)— (A) in paragraph (1), by inserting or local government after State both places that term ap... |
108hr5107ih | (7) in subsection (g)— (A) in paragraph (1), by inserting or unit of local government after State ; and (B) in paragraph (2), by inserting or units of local government after States ; and (8) in subsection (h), by inserting or unit of local government after State both places that term appears. (b) Reauthorization and ex... |
108hr5107ih | 14135 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by inserting (1) or before (2) ; and (B) by inserting at the end the following: (4) To collect DNA samples specified in paragraph (1). (5) To ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent c... |
108hr5107ih | ; (2) in subsection (b), as amended by this section, by inserting at the end the following: (7) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(4). (3) by amending subsection (c) to read as follows: (c) Formula for distribution of g... |
108hr5107ih | in conformity with a formula or formulas that are designed to effectuate a distribution of funds among eligible States and units of local government that— (A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and (B) allocates grants among eligible entities fairly and effi... |
108hr5107ih | (2) Minimum amount
The Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of ... |
108hr5107ih | (3) Limitation
Grant amounts distributed under paragraph (1) shall be awarded to conduct DNA analyses of samples from casework or from victims of crime under subsection (a)(2) in accordance with the following limitations: (A) For fiscal year 2005, not less than 50 percent of the grant amounts shall be awarded for purp... |
108hr5107ih | (C) For fiscal year 2007, not less than 45 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (D) For fiscal year 2008, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (E) For fiscal year 2009, not less than 40 percent of the grant am... |
108hr5107ih | ; (4) in subsection (g)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) a description of the priorities and plan for awarding grants among eligible States and units of local government, and h... |
108hr5107ih | by striking paragraphs (1) and (2) and inserting the following: (1) $151,000,000 for fiscal year 2005; (2) $151,000,000 for fiscal year 2006; (3) $151,000,000 for fiscal year 2007; (4) $151,000,000 for fiscal year 2008; and (5) $151,000,000 for fiscal year 2009. ; |
108hr5107ih | and (6) by adding at the end the following: (k) Use of funds for accreditation and audits
The Attorney General may distribute not more than 1 percent of the grant amounts under subsection (j)— (1) to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of... |
108hr5107ih | or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community— (A) to defray the costs of external audits of laboratories operated by such State or unit of local government, which participates in the National DNA Index System, to... |
108hr5107ih | and (3) in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and w... |
108hr5107ih | (l) External audits and remedial efforts
In the event that a laboratory operated by a State or unit of local government which has received funds under this Act has undergone an external audit conducted to determine whether the laboratory is in compliance with standards established by the Director of the Federal Bureau... |
108hr5107ih | Expansion of Combined DNA Index System
(a) Inclusion of all DNA samples from States
Section 210304 of the DNA Identification Act of 1994 ( 42 U.S.C. 14132 ) is amended— (1) in subsection (a)(1), by striking of persons convicted of crimes; and inserting the following: of— (A) persons convicted of crimes; (B) persons w... |
108hr5107ih | provided that DNA profiles from arrestees who have not been indicted and DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the Combined DNA Index System; ; and (2) in subsection (d)(2)— (A) by striking “if the responsible agency” and inserting if— (i) the responsible ag... |
108hr5107ih | 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 offense... |
108hr5107ih | (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). |
108hr5107ih | (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 offe... |
108hr5107ih | (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 Identification Act of 1994 ( 42 U.S.C. |
108hr5107ih | 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 person who is authorized to access the index described in subsection (a) for purposes of including information on DNA ident... |
108hr5107ih | (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... |
108hr5107ih | Cases involving DNA evidence
In a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has... |
108hr5107ih | (c) Application
The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section if the applicable limitation period has not yet expired. 3297. Cases involving DNA evidence
In a case in which DNA testing implicates an identified... |
108hr5107ih | Legal assistance for victims of violence
Section 1201 of the Violence Against Women Act of 2000 ( 42 U.S.C. |
108hr5107ih | 3796gg–6 ) is amended— (1) in subsection (a), by inserting dating violence, after domestic violence, ; (2) in subsection (b)— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1) Dating... |
108hr5107ih | The existence of such a relationship shall be determined based on a consideration of— (A) the length of the relationship; (B) the type of relationship; and (C) the frequency of interaction between the persons involved in the relationship. and (C) in paragraph (3), as redesignated by subparagraph (A), by inserting dati... |
108hr5107ih | (B) in paragraph (2), by inserting dating violence, after domestic violence, ; and (C) in paragraph (3), by inserting dating violence, after domestic violence, ; (4) in subsection (d)— (A) in paragraph (1), by inserting , dating violence, after domestic violence ; (B) in paragraph (2), by inserting , dating violence, a... |
108hr5107ih | by inserting dating violence, after domestic violence, ; and (6) in subsection (f)(2)(A), by inserting dating violence, after domestic violence, 206. Ensuring private laboratory assistance in eliminating DNA backlog
Section 2(d)(3) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. |
108hr5107ih | 14135(d)(3) ) is amended to read as follows: (3) Use of vouchers or contracts for certain purposes
(A) In general
A grant for the purposes specified in paragraph (1), (2), or (5) of subsection (a) may be made in the form of a voucher or contract for laboratory services. (B) Redemption
A voucher or contract under sub... |
108hr5107ih | (C) Payments
The Attorney General may use amounts authorized under subsection (j) to make payments to a laboratory described under subparagraph (B).. 301. Short title
This title may be cited as the DNA Sexual Assault Justice Act of 2004. 302. Ensuring public crime laboratory compliance with Federal standards
Section... |
108hr5107ih | 14132(b)(2) ) is amended to read as follows: (2) prepared by laboratories that— (A) not later than 2 years after the date of enactment of the DNA Sexual Assault Justice Act of 2004 , have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recogniz... |
108hr5107ih | DNA training and education for law enforcement, correctional personnel, and court officers
(a) In general
The Attorney General shall make grants to eligible entities to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA... |
108hr5107ih | (b) Eligible entity
For purposes of subsection (a), an eligible entity is an organization consisting of, comprised of, or representing— (1) law enforcement personnel, including police officers and other first responders, evidence technicians, investigators, and others who collect or examine evidence of crime; (2) cour... |
108hr5107ih | (c) Authorization of appropriations
There are authorized to be appropriated $12,500,000 for each of fiscal years 2005 through 2009 to carry out this section. 304. |
108hr5107ih | Sexual assault forensic exam program grants
(a) In general
The Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical... |
108hr5107ih | (b) Eligible entity
For purposes of this section, the term eligible entity includes— (1) States; (2) units of local government; and (3) sexual assault examination programs, including— (A) sexual assault nurse examiner (SANE) programs; (B) sexual assault forensic examiner (SAFE) programs; (C) sexual assault response te... |
108hr5107ih | and (F) victim service providers involved in treating victims of sexual assault. (c) Authorization of appropriations
There are authorized to be appropriated $30,000,000 for each of fiscal years 2005 through 2009 to carry out this section. 305. DNA research and development
(a) Improving DNA technology
The Attorney Ge... |
108hr5107ih | (b) Demonstration projects
The Attorney General shall make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use o... |
108hr5107ih | 306. National Forensic Science Commission
(a) Appointment
The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the Commission ), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities... |
108hr5107ih | (3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public; (4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories; (5)... |
108hr5107ih | regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient; (8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure— (A) the appropriate use and dis... |
108hr5107ih | and (9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8). (c) Personnel; procedures
The Attorney General shall— (1) designate the Chair of the Commission from among its members; (2) designate any necessary staff to assi... |
108hr5107ih | 307. FBI DNA programs
(a) Authorization of appropriations
There are authorized to be appropriated to the Federal Bureau of Investigation $42,100,000 for each of fiscal years 2005 through 2009 to carry out the DNA programs and activities described under subsection (b). |
108hr5107ih | (b) Programs and activities
The Federal Bureau of Investigation may use any amounts appropriated pursuant to subsection (a) for— (1) nuclear DNA analysis; (2) mitochondrial DNA analysis; (3) regional mitochondrial DNA laboratories; (4) the Combined DNA Index System; (5) the Federal Convicted Offender DNA Program; and ... |
108hr5107ih | (b) Authorization of appropriations
There are authorized to be appropriated $2,000,000 for each of fiscal years 2005 through 2009 to carry out this section. 309. Enhanced criminal penalties for unauthorized disclosure or use of DNA information
Section 10(c) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S... |
108hr5107ih | 14135e(c) ) is amended to read as follows: (c) Criminal penalty
A person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $100,000. Each instanc... |
108hr5107ih | Tribal coalition grants
(a) In general
Section 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. |
108hr5107ih | 3796gg ) is amended by adding at the end the following: (d) Tribal coalition grants
(1) Purpose
The Attorney General shall award grants to tribal domestic violence and sexual assault coalitions for purposes of— (A) increasing awareness of domestic violence and sexual assault against Indian women; (B) enhancing the re... |
108hr5107ih | (2) Grants to tribal coalitions
The Attorney General shall award grants under paragraph (1) to— (A) established nonprofit, nongovernmental tribal coalitions addressing domestic violence and sexual assault against Indian women; and (B) individuals or organizations that propose to incorporate as nonprofit, nongovernment... |
108hr5107ih | (3) Eligibility for other grants
Receipt of an award under this subsection by tribal domestic violence and sexual assault coalitions shall not preclude the coalition from receiving additional grants under this title to carry out the purposes described in subsection (b).. (b) Technical amendment
Effective as of Novemb... |
108hr5107ih | (c) Amounts
Section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (as redesignated by section 402(2) of Public Law 107–273 , as amended by subsection (b)) is amended by amending subsection (b)(4) ( 42 U.S.C. 3796gg–1(b)(4) ) to read as follows: (4) 1/54 shall be available for grants under section 2001... |
108hr5107ih | Expansion of Paul Coverdell Forensic Sciences Improvement Grant Program
(a) Forensic backlog elimination grants
Section 2804 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. |
108hr5107ih | 3797m ) is amended— (1) in subsection (a)— (A) by striking shall use the grant to carry out and inserting shall use the grant to do any one or more of the following: (1) To carry out ; and (B) by adding at the end the following: (2) To eliminate a backlog in the analysis of forensic science evidence, including firearms... |
108hr5107ih | (2) in subsection (b), by striking under this part and inserting for the purpose set forth in subsection (a)(1) ; and (3) by adding at the end the following: (e) Backlog defined
For purposes of this section, a backlog in the analysis of forensic science evidence exists if such evidence— (1) has been stored in a labora... |
108hr5107ih | (b) External audits
Section 2802 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797k ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; |
108hr5107ih | and (3) by adding at the end the following: (4) a certification that a government entity exists and an appropriate process is in place to conduct independent external investigations into allegations of serious negligence or misconduct substantially affecting the integrity of the forensic results committed by employees ... |
108hr5107ih | (c) Three-year extension of authorization of appropriations
Section 1001(a)(24) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(24) ) is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period at the end and inserting a semicolon; and ... |
108hr5107ih | 000 for fiscal year 2008; and (I) $20,000,000 for fiscal year 2009. (d) Technical amendment
Section 1001(a) of such Act, as amended by subsection (c), is further amended by realigning paragraphs (24) and (25) so as to be flush with the left margin. 312. Report to Congress
(a) In general
Not later than 2 years after ... |
108hr5107ih | (b) Contents
The report submitted under subsection (a) shall include a description of— (1) the progress made by Federal, State, and local entities in— (A) collecting and entering DNA samples from offenders convicted of qualifying offenses for inclusion in the Combined DNA Index System (referred to in this subsection a... |
108hr5107ih | (2) the priorities and plan for awarding grants among eligible States and units of local government to ensure that the purposes of this Act are carried out; (3) the distribution of grant amounts under this Act among eligible States and local governments, and whether the distribution of such funds has served the purpose... |
108hr5107ih | (5) grants awarded and the use of such grants by eligible entities to conduct DNA research and development programs to improve forensic DNA technology, and implement demonstration projects under section 305; (6) the steps taken to establish the National Forensic Science Commission, and the activities of the Commission ... |
108hr5107ih | (9) grants awarded and the use of such grants by eligible entities to eliminate forensic science backlogs under the amendments made by section 311; (10) State compliance with the requirements set forth in section 413; and (11) any other matters considered relevant by the Attorney General. 401. Short title
This title m... |
108hr5107ih | Federal post-conviction DNA testing
(a) Federal criminal procedure
(1) In general
Part II of title 18, United States Code, is amended by inserting after chapter 228 the following: 228A Post-conviction DNA testing
Sec 3600. DNA testing 3600A. Preservation of biological evidence 3600. DNA testing
(a) In general
Upo... |
108hr5107ih | the court that entered the judgment of conviction shall order DNA testing of specific evidence if— (1) the applicant asserts, under penalty of perjury, that the applicant is actually innocent of— (A) the Federal offense for which the applicant is under a sentence of imprisonment or death; or (B) another Federal or Stat... |
108hr5107ih | or (II) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or new sentencing hearing; and (ii) in the case of a State offense— (I) the applicant demonstrates that there is no adequate remedy under State law to... |
108hr5107ih | (2) the specific evidence to be tested was secured in relation to the investigation or prosecution of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (3) the specific evidence to be tested— (A) was not previously subjected to DNA testing and the applicant did not knowingly and ... |
108hr5107ih | (4) the specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing; ... |
108hr5107ih | and (B) would establish the actual innocence of the applicant of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (7) if the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial; (8) the proposed DNA testing of the specific evidenc... |
108hr5107ih | (9) the applicant certifies that the applicant will provide a DNA sample for purposes of comparison; and (10) the applicant’s motion is filed for the purpose of demonstrating the applicant’s actual innocence of the Federal or State offense, and not to delay the execution of the sentence or the administration of justice... |
108hr5107ih | (2) Preservation order
To the extent necessary to carry out proceedings under this section, the court shall direct the Government to preserve the specific evidence relating to a motion under subsection (a). (3) Appointment of counsel
The court may appoint counsel for an indigent applicant under this section in the sa... |
108hr5107ih | (2) Exception
Notwithstanding paragraph (1), the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (3) Costs
The costs of any DNA testing ordered under this s... |
108hr5107ih | (d) Time limitation in capital cases
In any case in which the applicant is sentenced to death— (1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the Government responds to the motion filed under subsection (a); and (2) not later than 120 days after the dat... |
108hr5107ih | (e) Reporting of test results
(1) In general
The results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government. (2) NDIS
The Government shall submit any test results relating to the DNA of the applicant to the National DNA Index System (referr... |
108hr5107ih | (3) Retention of DNA sample
(A) Entry into NDIS
If the DNA test results obtained under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample of the applicant may be retained in NDIS. (B) Match with other offense
If the DNA test results obtained under this section... |
108hr5107ih | (C) No match
If the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the ... |
108hr5107ih | (f) Post-testing procedures; inconclusive and inculpatory results
(1) Inconclusive results
If DNA test results obtained under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief. (2) Inculpatory results
If DNA test results obtained under this section s... |
108hr5107ih | if the court makes such a finding, the court may hold the applicant in contempt; (ii) assess against the applicant the cost of any DNA testing carried out under this section; (iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, may deny, wholly or in part, the good co... |
108hr5107ih | and (v) if the DNA test results relate to a State offense, forward the finding to any appropriate State official. (3) Sentence
In any prosecution of an applicant under chapter 79 for false assertions or other conduct in proceedings under this section, the court, upon conviction of the applicant, shall sentence the app... |
108hr5107ih | (g) Post-testing procedures; motion for new trial or resentencing
(1) In general
Notwithstanding any law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a motion for a new trial or... |
108hr5107ih | (2) Standard for granting motion for new trial or resentencing
The court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by a pr... |
108hr5107ih | another Federal or State offense, if— (i) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (ii) evidence of s... |
108hr5107ih | (h) Other laws unaffected
(1) Post-conviction relief
Nothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other law. (2) Habeas corpus
Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding. (3... |
108hr5107ih | Preservation of biological evidence
(a) In general
Notwithstanding any other provision of law, the Government shall 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. (b) Defined term
For purpose... |
108hr5107ih | (c) Applicability
Subsection (a) shall not apply if— (1) a court has denied a request or motion for DNA testing of the biological evidence by the defendant under section 3600, and no appeal is pending; (2) the defendant knowingly and voluntarily waived the right to request DNA testing of such evidence in a court proce... |
108hr5107ih | or (4) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and (B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing. (d) Other preservatio... |
108hr5107ih | (e) Regulations
Not later than 180 days after the date of enactment of the Innocence Protection Act of 2004 , the Attorney General shall promulgate regulations to implement and enforce this section, including appropriate disciplinary sanctions to ensure that employees comply with such regulations. |
108hr5107ih | (f) Criminal penalty
Whoever knowingly and intentionally destroys, alters, or tampers with biological evidence that is required to be preserved under this section 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, sh... |
108hr5107ih | (g) Habeas corpus
Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.. (2) Clerical amendment
The chapter analysis for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 228 the following: 228A. Post-conviction DNA testing ... |
108hr5107ih | (2) Operation
In operating the system established under paragraph (1), the Federal courts shall provide to the Attorney General any requested assistance in operating such a system and in ensuring the accuracy and completeness of information included in that system. |
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