[108th Congress Public Law 405]
[From the U.S. Government Printing Office]
[DOCID: f:publ405.108]
[[Page 2259]]
JUSTICE FOR ALL ACT OF 2004
[[Page 118 STAT. 2260]]
Public Law 108-405
108th Congress
An Act
To protect crime victims' rights, to eliminate the substantial backlog
of DNA samples collected from crime scenes and convicted offenders, to
improve and expand the DNA testing capacity of Federal, State, and local
crime laboratories, to increase research and development of new DNA
testing technologies, to develop new training programs regarding the
collection and use of DNA evidence, to provide post-conviction testing
of DNA evidence to exonerate the innocent, to improve the performance of
counsel in State capital cases, and for other purposes. <<NOTE: Oct. 30,
2004 - [H.R. 5107]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Justice for All Act of
2004.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 42 USC 13701 note.>> Act may be cited
as the ``Justice for All Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOUARNA GILLIS,
AND NILA LYNN CRIME VICTIMS' RIGHTS ACT
Sec. 101. Short title.
Sec. 102. Crime victims' rights.
Sec. 103. Increased resources for enforcement of crime victims' rights.
Sec. 104. Reports.
TITLE II--DEBBIE SMITH ACT OF 2004
Sec. 201. Short title.
Sec. 202. Debbie Smith DNA Backlog Grant Program.
Sec. 203. Expansion of Combined DNA Index System.
Sec. 204. Tolling of statute of limitations.
Sec. 205. Legal assistance for victims of violence.
Sec. 206. Ensuring private laboratory assistance in eliminating DNA
backlog.
TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004
Sec. 301. Short title.
Sec. 302. Ensuring public crime laboratory compliance with Federal
standards.
Sec. 303. DNA training and education for law enforcement, correctional
personnel, and court officers.
Sec. 304. Sexual assault forensic exam program grants.
Sec. 305. DNA research and development.
Sec. 306. National Forensic Science Commission.
Sec. 307. FBI DNA programs.
Sec. 308. DNA identification of missing persons.
Sec. 309. Enhanced criminal penalties for unauthorized disclosure or use
of DNA information.
Sec. 310. Tribal coalition grants.
Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement
Grant Program.
Sec. 312. Report to Congress.
TITLE IV--INNOCENCE PROTECTION ACT OF 2004
Sec. 401. Short title.
[[Page 118 STAT. 2261]]
Subtitle A--Exonerating the innocent through DNA testing
Sec. 411. Federal post-conviction DNA testing.
Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 413. Incentive grants to States to ensure consideration of claims
of actual innocence.
Subtitle B--Improving the quality of representation in State capital
cases
Sec. 421. Capital representation improvement grants.
Sec. 422. Capital prosecution improvement grants.
Sec. 423. Applications.
Sec. 424. State reports.
Sec. 425. Evaluations by Inspector General and administrative remedies.
Sec. 426. Authorization of appropriations.
Subtitle C--Compensation for the wrongfully convicted
Sec. 431. Increased compensation in Federal cases for the wrongfully
convicted.
Sec. 432. Sense of Congress regarding compensation in State death
penalty cases.
TITLE I--SCOTT <<NOTE: Scott Campbell, Stephanie Roper, Wendy Preston,
Louarna Gillis, and Nila Lynn Crime Victims' Rights Act.>> CAMPBELL,
STEPHANIE ROPER, WENDY PRESTON, LOUARNA GILLIS, AND NILA LYNN CRIME
VICTIMS' RIGHTS ACT
SEC. 101. <<NOTE: 18 USC 3771 note.>> SHORT TITLE.
This title may be cited as the ``Scott Campbell, Stephanie Roper,
Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights
Act''.
SEC. 102. CRIME VICTIMS' RIGHTS.
(a) Amendment to Title 18.--Part II of title 18, United States Code,
is amended by adding at the end the following:
``CHAPTER 237--CRIME VICTIMS' RIGHTS
``Sec.
``3771. Crime victims' rights.
``Sec. 3771. Crime victims' rights
``(a) Rights of Crime Victims.--A crime victim has the following
rights:
``(1) The right to be reasonably protected from the accused.
``(2) The right to reasonable, accurate, and timely notice
of any public court proceeding, or any parole proceeding,
involving the crime or of any release or escape of the accused.
``(3) The right not to be excluded from any such public
court proceeding, unless the court, after receiving clear and
convincing evidence, determines that testimony by the victim
would be materially altered if the victim heard other testimony
at that proceeding.
``(4) The right to be reasonably heard at any public
proceeding in the district court involving release, plea,
sentencing, or any parole proceeding.
``(5) The reasonable right to confer with the attorney for
the Government in the case.
``(6) The right to full and timely restitution as provided
in law.
``(7) The right to proceedings free from unreasonable delay.
``(8) The right to be treated with fairness and with respect
for the victim's dignity and privacy.
[[Page 118 STAT. 2262]]
``(b) Rights Afforded.--In any court proceeding involving an offense
against a crime victim, the court shall ensure that the crime victim is
afforded the rights described in subsection (a). Before making a
determination described in subsection (a)(3), the court shall make every
effort to permit the fullest attendance possible by the victim and shall
consider reasonable alternatives to the exclusion of the victim from the
criminal proceeding. The reasons for any decision denying relief under
this chapter shall be clearly stated on the record.
``(c) Best Efforts To Accord Rights.--
``(1) Government.--Officers <<NOTE: Notification.>> and
employees of the Department of Justice and other departments and
agencies of the United States engaged in the detection,
investigation, or prosecution of crime shall make their best
efforts to see that crime victims are notified of, and accorded,
the rights described in subsection (a).
``(2) Advice of attorney.--The prosecutor shall advise the
crime victim that the crime victim can seek the advice of an
attorney with respect to the rights described in subsection (a).
``(3) Notice.--Notice of release otherwise required pursuant
to this chapter shall not be given if such notice may endanger
the safety of any person.
``(d) Enforcement and Limitations.--
``(1) Rights.--The crime victim or the crime victim's lawful
representative, and the attorney for the Government may assert
the rights described in subsection (a). A person accused of the
crime may not obtain any form of relief under this chapter.
``(2) Multiple crime victims.--In a case where the court
finds that the number of crime victims makes it impracticable to
accord all of the crime victims the rights described in
subsection (a), the court shall fashion a reasonable procedure
to give effect to this chapter that does not unduly complicate
or prolong the proceedings.
``(3) Motion for relief and writ of mandamus.--The rights
described in subsection (a) shall be asserted in the district
court in which a defendant is being prosecuted for the crime or,
if no prosecution is underway, in the district court in the
district in which the crime occurred. The district court shall
take up and decide any motion asserting a victim's right
forthwith. If the district court denies the relief sought, the
movant may petition the court of appeals for a writ of mandamus.
The court of appeals may issue the writ on the order of a single
judge pursuant to circuit rule or the Federal Rules of Appellate
Procedure. <<NOTE: Deadline.>> The court of appeals shall take
up and decide such application forthwith within 72 hours after
the petition has been filed. In no event shall proceedings be
stayed or subject to a continuance of more than five days for
purposes of enforcing this chapter. If the court of appeals
denies the relief sought, the reasons for the denial shall be
clearly stated on the record in a written opinion.
``(4) Error.--In any appeal in a criminal case, the
Government may assert as error the district court's denial of
any crime victim's right in the proceeding to which the appeal
relates.
``(5) Limitation on relief.--In no case shall a failure to
afford a right under this chapter provide grounds for a
[[Page 118 STAT. 2263]]
new trial. A victim may make a motion to re-open a plea or
sentence only if--
``(A) the victim has asserted the right to be heard
before or during the proceeding at issue and such right
was denied;
``(B) the victim petitions the court of appeals for
a writ of mandamus within 10 days; and
``(C) in the case of a plea, the accused has not
pled to the highest offense charged.
This paragraph does not affect the victim's right to restitution
as provided in title 18, United States Code.''.
``(6) No cause of action.--Nothing in this chapter shall be
construed to authorize a cause of action for damages or to
create, to enlarge, or to imply any duty or obligation to any
victim or other person for the breach of which the United States
or any of its officers or employees could be held liable in
damages. Nothing in this chapter shall be construed to impair
the prosecutorial discretion of the Attorney General or any
officer under his direction.
``(e) Definitions.--For the purposes of this chapter, the term
`crime victim' means a person directly and proximately harmed as a
result of the commission of a Federal offense or an offense in the
District of Columbia. In the case of a crime victim who is under 18
years of age, incompetent, incapacitated, or deceased, the legal
guardians of the crime victim or the representatives of the crime
victim's estate, family members, or any other persons appointed as
suitable by the court, may assume the crime victim's rights under this
chapter, but in no event shall the defendant be named as such guardian
or representative.
``(f) Procedures To Promote Compliance.--
``(1) Regulations.--Not <<NOTE: Deadline.>> later than 1
year after the date of enactment of this chapter, the Attorney
General of the United States shall promulgate regulations to
enforce the rights of crime victims and to ensure compliance by
responsible officials with the obligations described in law
respecting crime victims.
``(2) Contents.--The regulations promulgated under paragraph
(1) shall--
``(A) designate an administrative authority within
the Department of Justice to receive and investigate
complaints relating to the provision or violation of the
rights of a crime victim;
``(B) require a course of training for employees and
offices of the Department of Justice that fail to comply
with provisions of Federal law pertaining to the
treatment of crime victims, and otherwise assist such
employees and offices in responding more effectively to
the needs of crime victims;
``(C) contain disciplinary sanctions, including
suspension or termination from employment, for employees
of the Department of Justice who willfully or wantonly
fail to comply with provisions of Federal law pertaining
to the treatment of crime victims; and
``(D) provide that the Attorney General, or the
designee of the Attorney General, shall be the final
arbiter of the complaint, and that there shall be no
judicial review of the final decision of the Attorney
General by a complainant.''.
[[Page 118 STAT. 2264]]
(b) Table of Chapters.--The table of chapters for part II of title
18, United States Code, is amended by inserting at the end the
following:
``237. Crime victims' rights.....................................3771''.
(c) Repeal.--Section 502 of the Victims' Rights and Restitution Act
of 1990 (42 U.S.C. 10606) is repealed.
SEC. 103. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS.
(a) Crime Victims Legal Assistance Grants.--The Victims of Crime Act
of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section
1404C the following:
``SEC. 1404D. <<NOTE: 42 USC 10603d.>> CRIME VICTIMS LEGAL ASSISTANCE
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 and private entities, to develop, establish, and
maintain programs for the enforcement of crime victims' rights as
provided in law.
``(b) Prohibition.--Grant amounts under this section may not be used
to bring a cause of action for damages.
``(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.''.
(b) Authorization of Appropriations.--In addition to funds made
available under section 1402(d) of the Victims of Crime Act of 1984,
there are authorized to be appropriated to carry out this title--
(1) $2,000,000 for fiscal year 2005 and $5,000,000 for each
of fiscal years 2006, 2007, 2008, and 2009 to United States
Attorneys Offices for Victim/Witnesses Assistance Programs;
(2) $2,000,000 for fiscal year 2005 and $5,000,000 in each
of the fiscal years 2006, 2007, 2008, and 2009, to the Office
for Victims of Crime of the Department of Justice for
enhancement of the Victim Notification System;
(3) $300,000 in fiscal year 2005 and $500,000 for each of
the fiscal years 2006, 2007, 2008, and 2009, to the Office for
Victims of Crime of the Department of Justice for staff to
administer the appropriation for the support of organizations as
designated under paragraph (4);
(4) $7,000,000 for fiscal year 2005 and $11,000,000 for each
of the fiscal years 2006, 2007, 2008, and 2009, to the Office
for Victims of Crime of the Department of Justice, for the
support of organizations that provide legal counsel and support
services for victims in criminal cases for the enforcement of
crime victims' rights in Federal jurisdictions, and in States
and tribal governments that have laws substantially equivalent
to the provisions of chapter 237 of title 18, United States
Code; and
(5) $5,000,000 for fiscal year 2005 and $7,000,000 for each
of fiscal years 2006, 2007, 2008, and 2009, to the Office for
Victims of Crime of the Department of Justice, for the support
of--
[[Page 118 STAT. 2265]]
(A) training and technical assistance to States and
tribal jurisdictions to craft state-of-the-art victims'
rights laws; and
(B) training and technical assistance to States and
tribal jurisdictions to design a variety of compliance
systems, which shall include an evaluation component.
(c) Increased Resources To Develop State-of-the-Art Systems for
Notifying Crime Victims of Important Dates and Developments.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404D the following:
``SEC. 1404E. <<NOTE: 42 USC 10603e.>> 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-the-art systems for notifying victims of crime of important
dates and developments relating to the criminal proceedings at issue in
a timely and efficient manner, provided that the jurisdiction has laws
substantially equivalent to the provisions of chapter 237 of title 18,
United States Code.
``(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 carry out this section--
``(1) $5,000,000 for fiscal year 2005; and
``(2) $5,000,000 for each of the fiscal years 2006, 2007,
2008, and 2009.
``(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.''.
SEC. 104. REPORTS.
(a) Administrative <<NOTE: Deadline. 18 USC 3771 note.>> 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
title 18, United States Code, is asserted in a criminal case and the
relief requested is denied and, with respect to each such denial, the
reason for such denial, as well as the number of times a mandamus action
is brought pursuant to chapter 237 of title 18, and the result reached.
(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 <<NOTE: Deadline.>> later than 4 years
after the date of enactment of this Act, the Comptroller General
shall prepare and submit to the appropriate committees a report
containing the results of the study conducted under subsection
(a).
[[Page 118 STAT. 2266]]
TITLE II--DEBBIE <<NOTE: Debbie Smith Act of 2004.>> SMITH ACT OF 2004
SEC. 201. <<NOTE: 42 USC 13701 note.>> SHORT TITLE.
This title may be cited as the ``Debbie Smith Act of 2004''.
SEC. 202. 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:
``SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``or units of local
government'' after ``eligible States''; 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 ``within the
State'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``or unit of local
government'' after ``State'' both places that term
appears; and
(ii) by inserting ``, as required by the
Attorney General'' after ``application shall'';
(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 paragraph (5)--
(i) by inserting ``or unit of local
government'' after ``State''; and
(ii) by striking the period at the end and
inserting a semicolon; 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 requested funding in the Combined
DNA Index System; and'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``The plan'' and inserting ``A plan
pursuant to subsection (b)(1)'';
(ii) in subparagraph (A), by striking ``within
the State''; and
[[Page 118 STAT. 2267]]
(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
appears; and
(B) in paragraph (2), by inserting ``or unit of
local government'' after ``State'';
(6) in subsection (f), in the matter preceding paragraph
(1), by inserting ``or unit of local government'' after
``State'';
(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 Expansion of Program.--Section 2 of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 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
crimes, are carried out in a timely manner.'';
(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 Grants.--
``(1) In general.--The Attorney General shall distribute
grant amounts, and establish appropriate grant conditions under
this section, 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 efficiently to address jurisdictions in which
significant backlogs exist, by considering--
``(i) the number of offender and casework
samples awaiting DNA analysis in a jurisdiction;
``(ii) the population in the jurisdiction; and
``(iii) the number of part 1 violent crimes in
the jurisdiction.
``(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 the total appropriation.
[[Page 118 STAT. 2268]]
``(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 purposes under
subsection (a)(2).
``(B) For fiscal year 2006, not less than 50 percent
of the grant amounts shall be awarded for purposes under
subsection (a)(2).
``(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 amounts shall be awarded for purposes under
subsection (a)(2).'';
(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
how such plan will ensure the effective use of DNA technology to
solve crimes and protect public safety.'';
(5) in subsection (j), 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.''; 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 local government in preparing for accreditation or
reaccreditation;
``(2) in the form of additional grants to States, units of
local government, 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 determine whether the laboratory is in
compliance with quality assurance standards;
``(B) to assess compliance with any plans submitted
to the National Institute of Justice, which detail the
use of funds received by States or units of local
government under this Act; and
``(C) to support future capacity building efforts;
and
[[Page 118 STAT. 2269]]
``(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 which participate in the National DNA Index
System.
``(l) Use of Funds for Other Forensic Sciences.--The Attorney
General may award a grant under this section to a State or unit of local
government to alleviate a backlog of cases with respect to a forensic
science other than DNA analysis if the State or unit of local
government--
``(1) certifies to the Attorney General that in such State
or unit--
``(A) all of the purposes set forth in subsection
(a) have been met;
``(B) a significant backlog of casework is not
waiting for DNA analysis; and
``(C) there is no need for significant laboratory
equipment, supplies, or additional personnel for timely
DNA processing of casework or offender samples; and
``(2) demonstrates to the Attorney General that such State
or unit requires assistance in alleviating a backlog of cases
involving a forensic science other than DNA analysis.
``(m) 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 of Investigation, and,
as a result of such audit, identifies measures to remedy deficiencies
with respect to the compliance by the laboratory with such standards,
the State or unit of local government shall implement any such
remediation as soon as practicable.''.
SEC. 203. 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 who have been charged in an indictment
or information with a crime; and
``(C) other persons whose DNA samples are collected
under applicable legal authorities, provided that DNA
profiles from arrestees who have not been charged in an
indictment or information with a crime, and DNA samples
that are voluntarily submitted solely for elimination
purposes shall not be included in the National DNA Index
System;''; and
(2) in subsection (d)(2)--
(A) by striking ``if the responsible agency'' and
inserting ``if--
``(i) the responsible agency'';
(B) by striking the period at the end and inserting
``; or''; and
[[Page 118 STAT. 2270]]
(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 Identification 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 person
who is authorized to access the index described in subsection
(a) for purposes of including information on DNA identification
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 construed
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''.
[[Page 118 STAT. 2271]]
(2) Section 10(c) of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135e(c)) is amended by striking ``$100,000'' and
inserting ``$250,000, or imprisoned for a period of not more than one
year, or both''.
(f) Report to Congress.--If the <<NOTE: 28 USC 531
note.>> Department of Justice plans to modify or supplement the core
genetic markers needed for compatibility with the CODIS system, it shall
notify the Judiciary Committee of the Senate and the Judiciary Committee
of the House of Representatives in writing not later than 180 days
before any change is made and explain the reasons for such change.
SEC. 204. TOLLING OF STATUTE OF LIMITATIONS.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3297. Cases involving DNA evidence
``In a case in which DNA testing implicates an identified person in
the commission of a felony, except for a felony offense under chapter
109A, 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 elapsed that is equal to the otherwise applicable limitation
period.''.
(b) Clerical Amendment.--The table of sections for chapter 213 of
title 18, United States Code, is amended by adding at the end the
following:
``3297. Cases involving DNA evidence.''.
(c) Application.--The <<NOTE: 18 USC 3297 note.>> 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.
SEC. 205. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C.
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 violence.--The term `dating violence' means
violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim.
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 ``dating violence,''
after ``domestic violence,'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``, dating violence,'' after
``between domestic violence''; and
[[Page 118 STAT. 2272]]
(ii) by inserting ``dating violence,'' after
``victims of domestic violence,'';
(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,'' after ``domestic violence'';
(C) in paragraph (3), by inserting ``, dating
violence,'' after ``domestic violence''; and
(D) in paragraph (4), by inserting ``dating
violence,'' after ``domestic violence,'';
(5) in subsection (e), by inserting ``dating violence,''
after ``domestic violence,''; and
(6) in subsection (f)(2)(A), by inserting ``dating
violence,'' after ``domestic violence,''.
SEC. 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. 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, even if the laboratory makes a
reasonable profit for the services.
``(B) Redemption.--A voucher or contract under
subparagraph (A) may be redeemed at a laboratory
operated on a nonprofit or for-profit basis, by a
private entity that satisfies quality assurance
standards and has been approved by the Attorney General.
``(C) Payments.--The Attorney General may use
amounts authorized under subsection (j) to make payments
to a laboratory described under subparagraph (B).''.
TITLE III--DNA <<NOTE: DNA Sexual Assault Justice Act of 2004.>> SEXUAL
ASSAULT JUSTICE ACT OF 2004
SEC. 301. <<NOTE: 42 USC 13701 note.>> SHORT TITLE.
This title may be cited as the ``DNA Sexual Assault Justice Act of
2004''.
SEC. 302. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH FEDERAL
STANDARDS.
Section 210304(b)(2) of the DNA Identification Act of 1994 (42
U.S.C. 14132(b)(2)) is amended to read as follows:
``(2) prepared by laboratories that--
``(A) <<NOTE: Deadline.>> 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
[[Page 118 STAT. 2273]]
actively involved in forensic science that is nationally
recognized within the forensic science community; and
``(B) undergo external audits, not less than once
every 2 years, that demonstrate compliance with
standards established by the Director of the Federal
Bureau of Investigation; and''.
SEC. 303. <<NOTE: 42 USC 14136.>> DNA TRAINING AND EDUCATION FOR LAW
ENFORCEMENT, CORRECTIONAL PERSONNEL, AND COURT OFFICERS.
(a) In General.--The <<NOTE: Grants.>> Attorney General shall make
grants to provide training, technical assistance, education, and
information relating to the identification, collection, preservation,
analysis, and use of DNA samples and DNA evidence by--
(1) law enforcement personnel, including police officers and
other first responders, evidence technicians, investigators, and
others who collect or examine evidence of crime;
(2) court officers, including State and local prosecutors,
defense lawyers, and judges;
(3) forensic science professionals; and
(4) corrections personnel, including prison and jail
personnel, and probation, parole, and other officers involved in
supervision.
(b) 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.
SEC. 304. <<NOTE: 42 USC 14136a.>> 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 personnel and other personnel, including doctors, medical
examiners, coroners, nurses, victim service providers, and other
professionals involved in treating victims of sexual assault and sexual
assault examination programs, including SANE (Sexual Assault Nurse
Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual
Assault Response Team).
(b) Eligible Entity.--For <<NOTE: Definition.>> 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 team (SART) programs;
(D) State sexual assault coalitions;
(E) medical personnel, including doctors, medical
examiners, coroners, and nurses, involved in treating
victims of sexual assault; 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.
SEC. 305. <<NOTE: 42 USC 14136b.>> DNA RESEARCH AND DEVELOPMENT.
(a) Improving DNA Technology.--The <<NOTE: Grants.>> Attorney
General shall make grants for research and development to improve
forensic
[[Page 118 STAT. 2274]]
DNA technology, including increasing the identification accuracy and
efficiency of DNA analysis, decreasing time and expense, and increasing
portability.
(b) Demonstration Projects.--The <<NOTE: Grants.>> 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 of
forensic DNA technology in conjunction with other forensic tools. The
demonstration projects shall include scientific evaluation of the public
safety benefits, improvements to law enforcement operations, and cost-
effectiveness of increased collection and use of DNA evidence.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 for each of fiscal years 2005 through 2009 to
carry out this section.
SEC. 306. <<NOTE: 42 USC 14136c.>> 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, to carry out the responsibilities under subsection (b).
(b) Responsibilities.--The Commission shall--
(1) assess the present and future resource needs of the
forensic science community;
(2) make recommendations to the Attorney General for
maximizing the use of forensic technologies and techniques to
solve crimes and protect the public;
(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) disseminate, through the National Institute of Justice,
best practices concerning the collection and analyses of
forensic evidence to help ensure quality and consistency in the
use of forensic technologies and techniques to solve crimes and
protect the public;
(6) examine additional issues pertaining to forensic science
as requested by the Attorney General;
(7) examine Federal, State, and local privacy protection
statutes, 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 dissemination of DNA
information;
(B) the accuracy, security, and confidentiality of
DNA information;
(C) the timely removal and destruction of obsolete,
expunged, or inaccurate DNA information; and
[[Page 118 STAT. 2275]]
(D) that any other necessary measures are taken to
protect privacy; 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 assist in carrying out
the functions of the Commission; and
(3) establish procedures and guidelines for the operations
of the Commission.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 for each of fiscal years 2005 through 2009 to
carry out this section.
SEC. 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).
(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
(6) DNA research and development.
SEC. 308. <<NOTE: 42 USC 14136d.>> DNA IDENTIFICATION OF MISSING
PERSONS.
(a) In General.--The <<NOTE: Grants.>> Attorney General shall make
grants to promote the use of forensic DNA technology to identify missing
persons and unidentified human remains.
(b) Requirement.--Each State or unit of local government that
receives funding under this section shall be required to submit the DNA
profiles of such missing persons and unidentified human remains to the
National Missing Persons DNA Database of the Federal Bureau of
Investigation.
(c) 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.
SEC. 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.C. 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 $250,000, or
imprisoned for a period of not more than one year. Each instance of
disclosure, obtaining, or use shall constitute a separate offense under
this subsection.''.
[[Page 118 STAT. 2276]]
SEC. 310. 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. 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 American Indian and Alaska Native
women;
``(B) enhancing the response to violence against
American Indian and Alaska Native women at the tribal,
Federal, and State levels; and
``(C) identifying and providing technical assistance
to coalition membership and tribal communities to
enhance access to essential services to American Indian
women victimized by domestic and sexual violence.
``(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 American Indian and Alaska Native women;
and
``(B) individuals or organizations that propose to
incorporate as nonprofit, nongovernmental tribal
coalitions to address domestic violence and sexual
assault against American Indian and Alaska Native women.
``(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 November 2, 2002, and as
if included therein as enacted, Public Law 107-273 (116 Stat. 1789) is
amended in section 402(2) <<NOTE: 42 USC 3796gg-1--3796gg-5, 3796-1
note.>> by striking ``sections 2006 through 2011'' and inserting
``sections 2007 through 2011''.
(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(d);''.
SEC. 311. 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. 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 examination, latent prints,
[[Page 118 STAT. 2277]]
toxicology, controlled substances, forensic pathology,
questionable documents, and trace evidence.
``(3) To train, assist, and employ forensic laboratory
personnel, as needed, to eliminate such a backlog.'';
(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 laboratory, medical examiner's
office, coroner's office, law enforcement storage facility, or
medical facility; and
``(2) has not been subjected to all appropriate forensic
testing because of a lack of resources or personnel.''.
(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''; and
(3) by adding at the end the following:
``(4) <<NOTE: Certification.>> 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 or
contractors of any forensic laboratory system, medical
examiner's office, coroner's office, law enforcement storage
facility, or medical facility in the State that will receive a
portion of the grant amount.''.
(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
(3) by adding at the end the following:
``(G) $20,000,000 for fiscal year 2007;
``(H) $20,000,000 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.
SEC. 312. REPORT TO CONGRESS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Attorney General shall submit to Congress a report on
the implementation of this title and title II and the amendments made by
this title and title II.
(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 as ``CODIS'');
(B) analyzing samples from crime scenes, including
evidence collected from sexual assaults and other
serious
[[Page 118 STAT. 2278]]
violent crimes, and entering such DNA analyses in CODIS;
and
(C) increasing the capacity of forensic laboratories
to conduct DNA analyses;
(2) the priorities and plan for awarding grants among
eligible States and units of local government to ensure that the
purposes of this title and title II are carried out;
(3) the distribution of grant amounts under this title and
title II among eligible States and local governments, and
whether the distribution of such funds has served the purposes
of the Debbie Smith DNA Backlog Grant Program;
(4) grants awarded and the use of such grants by eligible
entities for DNA training and education programs for law
enforcement, correctional personnel, court officers, medical
personnel, victim service providers, and other personnel
authorized under sections 303 and 304;
(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 under
section 306;
(7) the use of funds by the Federal Bureau of Investigation
under section 307;
(8) grants awarded and the use of such grants by eligible
entities to promote the use of forensic DNA technology to
identify missing persons and unidentified human remains under
section 308;
(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 313; and
(11) any other matters considered relevant by the Attorney
General.
TITLE IV--INNOCENCE <<NOTE: Innocence Protection Act of
2004.>> PROTECTION ACT OF 2004
SEC. 401. <<NOTE: 18 USC 3600 note.>> SHORT TITLE.
This title may be cited as the ``Innocence Protection Act of 2004''.
Subtitle A--Exonerating the Innocent Through DNA Testing
SEC. 411. 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:
[[Page 118 STAT. 2279]]
``CHAPTER 228A--POST-CONVICTION DNA TESTING
``Sec.
``3600. DNA testing.
``3600A. Preservation of biological evidence.
``Sec. 3600. DNA testing
``(a) In General.--Upon a <<NOTE: Applicability.>> written motion by
an individual under a sentence of imprisonment or death pursuant to a
conviction for a Federal offense (referred to in this section as the
`applicant'), the court that entered the judgment of conviction shall
order DNA testing of specific evidence if the court finds that all of
the following apply:
``(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 State offense, if--
``(i) 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 permit DNA testing of the
specified evidence relating to the State
offense; and
``(II) to the extent available, the
applicant has exhausted all remedies
available under State law for requesting
DNA testing of specified evidence
relating to the State offense.
``(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--
``(i) knowingly and voluntarily waive the
right to request DNA testing of that evidence in a
court proceeding after the date of enactment of
the Innocence Protection Act of 2004; or
``(ii) knowingly fail to request DNA testing
of that evidence in a prior motion for
postconviction DNA testing; or
``(B) was previously subjected to DNA testing and
the applicant is requesting DNA testing using a new
method or technology that is substantially more
probative than the prior DNA testing.
``(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.
``(5) The proposed DNA testing is reasonable in scope, uses
scientifically sound methods, and is consistent with accepted
forensic practices.
[[Page 118 STAT. 2280]]
``(6) The applicant identifies a theory of defense that--
``(A) is not inconsistent with an affirmative
defense presented at trial; 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 evidence may
produce new material evidence that would--
``(A) support the theory of defense referenced in
paragraph (6); and
``(B) raise a reasonable probability that the
applicant did not commit the offense.
``(9) The applicant certifies that the applicant will
provide a DNA sample for purposes of comparison.
``(10) The motion is made in a timely fashion, subject to
the following conditions:
``(A) There shall be a rebuttable presumption of
timeliness if the motion is made within 60 months of
enactment of the Justice For All Act of 2004 or within
36 months of conviction, whichever comes later. Such
presumption may be rebutted upon a showing--
``(i) that the applicant's motion for a DNA
test is based solely upon information used in a
previously denied motion; or
``(ii) of clear and convincing evidence that
the applicant's filing is done solely to cause
delay or harass.
``(B) There shall be a rebuttable presumption
against timeliness for any motion not satisfying
subparagraph (A) above. Such presumption may be rebutted
upon the court's finding--
``(i) that the applicant was or is incompetent
and such incompetence substantially contributed to
the delay in the applicant's motion for a DNA
test;
``(ii) the evidence to be tested is newly
discovered DNA evidence;
``(iii) that the applicant's motion is not
based solely upon the applicant's own assertion of
innocence and, after considering all relevant
facts and circumstances surrounding the motion, a
denial would result in a manifest injustice; or
``(iv) upon good cause shown.
``(C) For purposes of this paragraph--
``(i) the term `incompetence' has the meaning
as defined in section 4241 of title 18, United
States Code;
``(ii) the term `manifest' means that which is
unmistakable, clear, plain, or indisputable and
requires that the opposite conclusion be clearly
evident.
``(b) Notice to the Government; Preservation Order; Appointment of
Counsel.--
``(1) Notice.--Upon the receipt of a motion filed under
subsection (a), the court shall--
``(A) notify the Government; and
``(B) allow the Government a reasonable time period
to respond to the motion.
[[Page 118 STAT. 2281]]
``(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 same manner
as in a proceeding under section 3006A(a)(2)(B).
``(c) Testing Procedures.--
``(1) In general.--The court shall direct that any DNA
testing ordered under this section be carried out by the Federal
Bureau of Investigation.
``(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 section shall be paid--
``(A) by the applicant; or
``(B) in the case of an applicant who is indigent,
by the Government.
``(d) Time Limitation in Capital Cases.--In <<NOTE: Deadlines.>> 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 date on which the
DNA testing ordered under this section is completed, the court
shall order any post-testing procedures under subsection (f) or
(g), as appropriate.
``(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 (referred to in this subsection as `NDIS').
``(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 exclude the
applicant as the source of the DNA evidence, and a
comparison of the DNA sample of the applicant results in
a match between the DNA sample of the applicant and
another offense, the Attorney General shall notify the
appropriate agency and preserve the DNA sample of the
applicant.
``(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
applicant and ensure that such information is not
retained
[[Page 118 STAT. 2282]]
in NDIS if there is no other legal authority to retain
the DNA sample of the applicant in NDIS.
``(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 show that the applicant was the source of the
DNA evidence, the court shall--
``(A) deny the applicant relief; and
``(B) on motion of the Government--
``(i) make a determination whether the
applicant's assertion of actual innocence was
false, and, 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
conduct credit authorized under section 3632 on
the basis of that finding;
``(iv) if the applicant is subject to the
jurisdiction of the United States Parole
Commission, forward the finding to the Commission
so that the Commission may deny parole on the
basis of that finding; 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 applicant to a term of imprisonment of not
less than 3 years, which shall run consecutively to any other
term of imprisonment the applicant is serving.
``(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 resentencing, as appropriate. The court shall establish
a reasonable schedule for the applicant to file such a motion
and for the Government to respond to the motion.
``(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 compelling evidence that a new trial would result
in an acquittal of--
``(A) in the case of a motion for a new trial, the
Federal offense for which the applicant is under a
sentence of imprisonment or death; and
[[Page 118 STAT. 2283]]
``(B) in the case of a motion for resentencing,
another Federal or State offense, if 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 a new sentencing
proceeding.
``(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) Not a motion under section 2255.--A motion under this
section shall not be considered to be a motion under section
2255 for purposes of determining whether the motion or any other
motion is a second or successive motion under section 2255.
``Sec. 3600A. 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 purposes of this section, the term
`biological evidence' means--
``(1) a sexual assault forensic examination kit; or
``(2) semen, blood, saliva, hair, skin tissue, or other
identified biological material.
``(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 the biological evidence in a
court proceeding conducted after the date of enactment of the
Innocence Protection Act of 2004;
``(3) after a conviction becomes final and the defendant has
exhausted all opportunities for direct review of the conviction,
the defendant is notified that the biological evidence may be
destroyed and the defendant does not file a motion under section
3600 within 180 days of receipt of the notice;
``(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; or
``(5) the biological evidence has already been subjected to
DNA testing under section 3600 and the results included the
defendant as the source of such evidence.
``(d) Other Preservation Requirement.--Nothing in this section shall
preempt or supersede any statute, regulation, court order, or other
provision of law that may require evidence, including biological
evidence, to be preserved.
``(e) Regulations.--Not <<NOTE: Deadline.>> 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
[[Page 118 STAT. 2284]]
this section, including appropriate disciplinary sanctions to ensure
that employees comply with such regulations.
``(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, shall be fined under
this title, imprisoned for not more than 5 years, or both.
``(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..............................3600''.
(b) System <<NOTE: 18 USC 3600 note.>> for Reporting Motions.--
(1) Establishment.--The Attorney General shall establish a
system for reporting and tracking motions filed in accordance
with section 3600 of title 18, United States Code.
(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.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit a
report to Congress that contains--
(A) a list of motions filed under section 3600 of
title 18, United States Code, as added by this title;
(B) whether DNA testing was ordered pursuant to such
a motion;
(C) whether the applicant obtained relief on the
basis of DNA test results; and
(D) whether further proceedings occurred following a
granting of relief and the outcome of such proceedings.
(4) Additional information.--The report required to be
submitted under paragraph (3) may include any other information
the Attorney General determines to be relevant in assessing the
operation, utility, or costs of section 3600 of title 18, United
States Code, as added by this title, and any recommendations the
Attorney General may have relating to future legislative action
concerning that section.
(c) Effective Date; Applicability.--This <<NOTE: 18 USC 3600
note.>> section and the amendments made by this section shall take
effect on the date of enactment of this Act and shall apply with respect
to any offense committed, and to any judgment of conviction entered,
before, on, or after that date of enactment.
SEC. 412. KIRK <<NOTE: 42 USC 14136e.>> BLOODSWORTH POST-CONVICTION DNA
TESTING GRANT PROGRAM.
(a) In General.--The Attorney General shall establish the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to
States to help defray the costs of post-conviction DNA testing.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of fiscal years 2005 through 2009 to
carry out this section.
[[Page 118 STAT. 2285]]
(c) State Defined.--For purposes of this section, the term ``State''
means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
SEC. 413. <<NOTE: 42 USC 14136 note.>> INCENTIVE GRANTS TO STATES TO
ENSURE CONSIDERATION OF CLAIMS OF ACTUAL INNOCENCE.
For each of fiscal years 2005 through 2009, all funds appropriated
to carry out sections 303, 305, 308, and 412 shall be reserved for
grants to eligible entities that--
(1) meet the requirements under section 303, 305, 308, or
412, as appropriate; and
(2) demonstrate that the State in which the eligible entity
operates--
(A) provides post-conviction DNA testing of
specified evidence--
(i) under a State statute enacted before the
date of enactment of this Act (or extended or
renewed after such date), to persons convicted
after trial and under a sentence of imprisonment
or death for a State felony offense, in a manner
that ensures a reasonable process for resolving
claims of actual innocence; or
(ii) under a State statute enacted after the
date of enactment of this Act, or under a State
rule, regulation, or practice, to persons under a
sentence of imprisonment or death for a State
felony offense, in a manner comparable to section
3600(a) of title 18, United States Code (provided
that the State statute, rule, regulation, or
practice may make post-conviction DNA testing
available in cases in which such testing is not
required by such section), and if the results of
such testing exclude the applicant, permits the
applicant to apply for post-conviction relief,
notwithstanding any provision of law that would
otherwise bar such application as untimely; and
(B) preserves biological evidence secured in
relation to the investigation or prosecution of a State
offense--
(i) under a State statute or a State or local
rule, regulation, or practice, enacted or adopted
before the date of enactment of this Act (or
extended or renewed after such date), in a manner
that ensures that reasonable measures are taken by
all jurisdictions within the State to preserve
such evidence; or
(ii) under a State statute or a State or local
rule, regulation, or practice, enacted or adopted
after the date of enactment of this Act, in a
manner comparable to section 3600A of title 18,
United States Code, if--
(I) all jurisdictions within the
State comply with this requirement; and
(II) such jurisdictions may preserve
such evidence for longer than the period
of time that such evidence would be
required to be preserved under such
section 3600A.
[[Page 118 STAT. 2286]]
Subtitle B--Improving the Quality of Representation in State Capital
Cases
SEC. 421. <<NOTE: 42 USC 14163.>> CAPITAL REPRESENTATION IMPROVEMENT
GRANTS.
(a) In General.--The Attorney General shall award grants to States
for the purpose of improving the quality of legal representation
provided to indigent defendants in State capital cases.
(b) Defined Term.--In this section, the term ``legal
representation'' means legal counsel and investigative, expert, and
other services necessary for competent representation.
(c) Use of Funds.--Grants awarded under subsection (a)--
(1) shall be used to establish, implement, or improve an
effective system for providing competent legal representation
to--
(A) indigents charged with an offense subject to
capital punishment;
(B) indigents who have been sentenced to death and
who seek appellate or collateral relief in State court;
and
(C) indigents who have been sentenced to death and
who seek review in the Supreme Court of the United
States; and
(2) shall not be used to fund, directly or indirectly,
representation in specific capital cases.
(d) Apportionment of Funds.--
(1) In general.--Of the funds awarded under subsection (a)--
(A) not less than 75 percent shall be used to carry
out the purpose described in subsection (c)(1)(A); and
(B) not more than 25 percent shall be used to carry
out the purpose described in subsection (c)(1)(B).
(2) Waiver.--The Attorney General may waive the requirement
under this subsection for good cause shown.
(e) Effective System.--As used in subsection (c)(1), an effective
system for providing competent legal representation is a system that--
(1) invests the responsibility for appointing qualified
attorneys to represent indigents in capital cases--
(A) in a public defender program that relies on
staff attorneys, members of the private bar, or both, to
provide representation in capital cases;
(B) in an entity established by statute or by the
highest State court with jurisdiction in criminal cases,
which is composed of individuals with demonstrated
knowledge and expertise in capital cases, except for
individuals currently employed as prosecutors; or
(C) pursuant to a statutory procedure enacted before
the date of the enactment of this Act under which the
trial judge is required to appoint qualified attorneys
from a roster maintained by a State or regional
selection committee or similar entity; and
(2) requires the program described in paragraph (1)(A), the
entity described in paragraph (1)(B), or an appropriate entity
designated pursuant to the statutory procedure described in
paragraph (1)(C), as applicable, to--
(A) establish qualifications for attorneys who may
be appointed to represent indigents in capital cases;
[[Page 118 STAT. 2287]]
(B) establish and maintain a roster of qualified
attorneys;
(C) except in the case of a selection committee or
similar entity described in paragraph (1)(C), assign 2
attorneys from the roster to represent an indigent in a
capital case, or provide the trial judge a list of not
more than 2 pairs of attorneys from the roster, from
which 1 pair shall be assigned, provided that, in any
case in which the State elects not to seek the death
penalty, a court may find, subject to any requirement of
State law, that a second attorney need not remain
assigned to represent the indigent to ensure competent
representation;
(D) conduct, sponsor, or approve specialized
training programs for attorneys representing defendants
in capital cases;
(E)(i) monitor the performance of attorneys who are
appointed and their attendance at training programs; and
``(ii) remove from the roster attorneys who--
``(I) fail to deliver effective representation
or engage in unethical conduct;
``(II) fail to comply with such requirements
as such program, entity, or selection committee or
similar entity may establish regarding
participation in training programs; or
``(III) during the past 5 years, have been
sanctioned by a bar association or court for
ethical misconduct relating to the attorney's
conduct as defense counsel in a criminal case in
Federal or State court; and
(F) ensure funding for the cost of competent legal
representation by the defense team and outside experts
selected by counsel, who shall be compensated--
(i) in the case of a State that employs a
statutory procedure described in paragraph (1)(C),
in accordance with the requirements of that
statutory procedure; and
(ii) in all other cases, as follows:
(I) Attorneys employed by a public
defender program shall be compensated
according to a salary scale that is
commensurate with the salary scale of
the prosecutor's office in the
jurisdiction.
(II) Appointed attorneys shall be
compensated for actual time and service,
computed on an hourly basis and at a
reasonable hourly rate in light of the
qualifications and experience of the
attorney and the local market for legal
representation in cases reflecting the
complexity and responsibility of capital
cases.
(III) Non-attorney members of the
defense team, including investigators,
mitigation specialists, and experts,
shall be compensated at a rate that
reflects the specialized skills needed
by those who assist counsel with the
litigation of death penalty cases.
(IV) Attorney and non-attorney
members of the defense team shall be
reimbursed for reasonable incidental
expenses.
[[Page 118 STAT. 2288]]
SEC. 422. <<NOTE: 42 USC 14163a.>> CAPITAL PROSECUTION IMPROVEMENT
GRANTS.
(a) In General.--The Attorney General shall award grants to States
for the purpose of enhancing the ability of prosecutors to effectively
represent the public in State capital cases.
(b) Use of Funds.--
(1) Permitted uses.--Grants awarded under subsection (a)
shall be used for one or more of the following:
(A) To design and implement training programs for
State and local prosecutors to ensure effective
representation in State capital cases.
(B) To develop and implement appropriate standards
and qualifications for State and local prosecutors who
litigate State capital cases.
(C) To assess the performance of State and local
prosecutors who litigate State capital cases, provided
that such assessment shall not include participation by
the assessor in the trial of any specific capital case.
(D) To identify and implement any potential legal
reforms that may be appropriate to minimize the
potential for error in the trial of capital cases.
(E) To establish a program under which State and
local prosecutors conduct a systematic review of cases
in which a death sentence was imposed in order to
identify cases in which post-conviction DNA testing may
be appropriate.
(F) To provide support and assistance to the
families of murder victims.
(2) Prohibited use.--Grants awarded under subsection (a)
shall not be used to fund, directly or indirectly, the
prosecution of specific capital cases.
SEC. 423. <<NOTE: 42 USC 14163b.>> APPLICATIONS.
(a) In General.--The <<NOTE: Procedures.>> Attorney General shall
establish a process through which a State may apply for a grant under
this subtitle.
(b) Application.--
(1) In general.--A State desiring a grant under this
subtitle shall submit an application to the Attorney General at
such time, in such manner, and containing such information as
the Attorney General may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall contain--
(A) <<NOTE: Certification.>> a certification by an
appropriate officer of the State that the State
authorizes capital punishment under its laws and
conducts, or will conduct, prosecutions in which capital
punishment is sought;
(B) a description of the communities to be served by
the grant, including the nature of existing capital
defender services and capital prosecution programs
within such communities;
(C) a long-term statewide strategy and detailed
implementation plan that--
(i) reflects consultation with the judiciary,
the organized bar, and State and local prosecutor
and defender organizations; and
(ii) establishes as a priority improvement in
the quality of trial-level representation of
indigents
[[Page 118 STAT. 2289]]
charged with capital crimes and trial-level
prosecution of capital crimes;
(D) in the case of a State that employs a statutory
procedure described in section 421(e)(1)(C), a
certification by an appropriate officer of the State
that the State is in substantial compliance with the
requirements of the applicable State statute; and
(E) assurances that Federal funds received under
this subtitle shall be--
(i) used to supplement and not supplant non-
Federal funds that would otherwise be available
for activities funded under this subtitle; and
(ii) allocated in accordance with section
426(b).
SEC. 424. <<NOTE: 42 USC 14163c.>> STATE REPORTS.
(a) In General.--Each State receiving funds under this subtitle
shall submit an annual report to the Attorney General that--
(1) identifies the activities carried out with such funds;
and
(2) explains how each activity complies with the terms and
conditions of the grant.
(b) Capital Representation Improvement Grants.--With respect to the
funds provided under section 421, a report under subsection (a) shall
include--
(1) an accounting of all amounts expended;
(2) an explanation of the means by which the State--
(A) invests the responsibility for identifying and
appointing qualified attorneys to represent indigents in
capital cases in a program described in section
421(e)(1)(A), an entity described in section
421(e)(1)(B), or a selection committee or similar entity
described in section 421(e)(1)(C); and
(B) requires such program, entity, or selection
committee or similar entity, or other appropriate entity
designated pursuant to the statutory procedure described
in section 421(e)(1)(C), to--
(i) establish qualifications for attorneys who
may be appointed to represent indigents in capital
cases in accordance with section 421(e)(2)(A);
(ii) establish and maintain a roster of
qualified attorneys in accordance with section
421(e)(2)(B);
(iii) assign attorneys from the roster in
accordance with section 421(e)(2)(C);
(iv) conduct, sponsor, or approve specialized
training programs for attorneys representing
defendants in capital cases in accordance with
section 421(e)(2)(D);
(v) monitor the performance and training
program attendance of appointed attorneys, and
remove from the roster attorneys who fail to
deliver effective representation or fail to comply
with such requirements as such program, entity, or
selection committee or similar entity may
establish regarding participation in training
programs, in accordance with section 421(e)(2)(E);
and
(vi) ensure funding for the cost of competent
legal representation by the defense team and
outside experts
[[Page 118 STAT. 2290]]
selected by counsel, in accordance with section
421(e)(2)(F), including a statement setting
forth--
(I) if the State employs a public
defender program under section
421(e)(1)(A), the salaries received by
the attorneys employed by such program
and the salaries received by attorneys
in the prosecutor's office in the
jurisdiction;
(II) if the State employs appointed
attorneys under section 421(e)(1)(B),
the hourly fees received by such
attorneys for actual time and service
and the basis on which the hourly rate
was calculated;
(III) the amounts paid to non-
attorney members of the defense team,
and the basis on which such amounts were
determined; and
(IV) the amounts for which attorney
and non-attorney members of the defense
team were reimbursed for reasonable
incidental expenses;
(3) in the case of a State that employs a statutory
procedure described in section 421(e)(1)(C), an assessment of
the extent to which the State is in compliance with the
requirements of the applicable State statute; and
(4) a statement confirming that the funds have not been used
to fund representation in specific capital cases or to supplant
non-Federal funds.
(c) Capital Prosecution Improvement Grants.--With respect to the
funds provided under section 422, a report under subsection (a) shall
include--
(1) an accounting of all amounts expended;
(2) a description of the means by which the State has--
(A) designed and established training programs for
State and local prosecutors to ensure effective
representation in State capital cases in accordance with
section 422(b)(1)(A);
(B) developed and implemented appropriate standards
and qualifications for State and local prosecutors who
litigate State capital cases in accordance with section
422(b)(1)(B);
(C) assessed the performance of State and local
prosecutors who litigate State capital cases in
accordance with section 422(b)(1)(C);
(D) identified and implemented any potential legal
reforms that may be appropriate to minimize the
potential for error in the trial of capital cases in
accordance with section 422(b)(1)(D);
(E) established a program under which State and
local prosecutors conduct a systematic review of cases
in which a death sentence was imposed in order to
identify cases in which post-conviction DNA testing may
be appropriate in accordance with section 422(b)(1)(E);
and
(F) provided support and assistance to the families
of murder victims; and
(3) a statement confirming that the funds have not been used
to fund the prosecution of specific capital cases or to supplant
non-Federal funds.
(d) Public Disclosure of Annual State Reports.--The annual reports
to the Attorney General submitted by any State under this section shall
be made available to the public.
[[Page 118 STAT. 2291]]
SEC. 425. <<NOTE: 42 USC 14163d.>> EVALUATIONS BY INSPECTOR GENERAL AND
ADMINISTRATIVE REMEDIES.
(a) Evaluation by Inspector General.--
(1) In general.--As soon as practicable after the end of the
first fiscal year for which a State receives funds under a grant
made under this subtitle, the Inspector General of the
Department of Justice (in this section referred to as the
``Inspector General'') shall--
(A) <<NOTE: Reports.>> submit to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report
evaluating the compliance by the State with the terms
and conditions of the grant; and
(B) if the Inspector General concludes that the
State is not in compliance with the terms and conditions
of the grant, specify any deficiencies and make
recommendations to the Attorney General for corrective
action.
(2) Priority.--In conducting evaluations under this
subsection, the Inspector General shall give priority to States
that the Inspector General determines, based on information
submitted by the State and other comments provided by any other
person, to be at the highest risk of noncompliance.
(3) Determination <<NOTE: Deadline.>> for statutory
procedure states.--For each State that employs a statutory
procedure described in section 421(e)(1)(C), the Inspector
General shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of
the Senate, not later than the end of the first fiscal year for
which such State receives funds, a determination as to whether
the State is in substantial compliance with the requirements of
the applicable State statute.
(4) Comments from public.--The Inspector General shall
receive and consider comments from any member of the public
regarding any State's compliance with the terms and conditions
of a grant made under this subtitle. To facilitate the receipt
of such comments, the Inspector General shall maintain on its
website a form that any member of the public may submit, either
electronically or otherwise, providing comments. The Inspector
General shall give appropriate consideration to all such public
comments in reviewing reports submitted under section 424 or in
establishing the priority for conducting evaluations under this
section.
(b) Administrative Review.--
(1) Comment.--Upon the submission of a report under
subsection (a)(1) or a determination under subsection (a)(3),
the Attorney General shall provide the State with an opportunity
to comment regarding the findings and conclusions of the report
or the determination.
(2) Corrective action plan.--If the Attorney General, after
reviewing a report under subsection (a)(1) or a determination
under subsection (a)(3), determines that a State is not in
compliance with the terms and conditions of the grant, the
Attorney General shall consult with the appropriate State
authorities to enter into a plan for corrective
action. <<NOTE: Deadline.>> If the State does not agree to a
plan for corrective action that has been approved by the
Attorney General within 90 days after the submission of the
report under subsection (a)(1) or the
[[Page 118 STAT. 2292]]
determination under subsection (a)(3), the Attorney General
shall, within 30 days, issue guidance to the State regarding
corrective action to bring the State into compliance.
(3) Report to congress.--Not later than 90 days after the
earlier of the implementation of a corrective action plan or the
issuance of guidance under paragraph (2), the Attorney General
shall submit a report to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of
the Senate as to whether the State has taken corrective action
and is in compliance with the terms and conditions of the grant.
(c) Penalties for Noncompliance.--If the State fails to take the
prescribed corrective action under subsection (b) and is not in
compliance with the terms and conditions of the grant, the Attorney
General shall discontinue all further funding under sections 421 and 422
and require the State to return the funds granted under such sections
for that fiscal year. Nothing in this paragraph shall prevent a State
which has been subject to penalties for noncompliance from reapplying
for a grant under this subtitle in another fiscal year.
(d) Periodic Reports.--During the grant period, the Inspector
General shall periodically review the compliance of each State with the
terms and conditions of the grant.
(e) Administrative Costs.--Not less than 2.5 percent of the funds
appropriated to carry out this subtitle for each of fiscal years 2005
through 2009 shall be made available to the Inspector General for
purposes of carrying out this section. Such sums shall remain available
until expended.
(f) Special Rule for ``Statutory Procedure'' States Not in
Substantial Compliance With Statutory Procedures.--
(1) In general.--In the case of a State that employs a
statutory procedure described in section 421(e)(1)(C), if the
Inspector General submits a determination under subsection
(a)(3) that the State is not in substantial compliance with the
requirements of the applicable State statute, then for the
period beginning with the date on which that determination was
submitted and ending on the date on which the Inspector General
determines that the State is in substantial compliance with the
requirements of that statute, the funds awarded under this
subtitle shall be allocated solely for the uses described in
section 421.
(2) Rule of construction.--The requirements of this
subsection apply in addition to, and not instead of, the other
requirements of this section.
SEC. 426. <<NOTE: 42 USC 14163e.>> AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization for Grants.--There are authorized to be
appropriated $75,000,000 for each of fiscal years 2005 through 2009 to
carry out this subtitle.
(b) Restriction on Use of Funds To Ensure Equal Allocation.--Each
State receiving a grant under this subtitle shall allocate the funds
equally between the uses described in section 421 and the uses described
in section 422, except as provided in section 425(f).
[[Page 118 STAT. 2293]]
Subtitle C--Compensation for the Wrongfully Convicted
SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES FOR THE WRONGFULLY
CONVICTED.
Section 2513(e) of title 28, United States Code, is amended by
striking ``exceed the sum of $5,000'' and inserting ``exceed $100,000
for each 12-month period of incarceration for any plaintiff who was
unjustly sentenced to death and $50,000 for each 12-month period of
incarceration for any other plaintiff''.
SEC. 432. SENSE OF CONGRESS REGARDING COMPENSATION IN STATE DEATH
PENALTY CASES.
It is the sense of Congress that States should provide reasonable
compensation to any person found to have been unjustly convicted of an
offense against the State and sentenced to death.
Approved October 30, 2004.
LEGISLATIVE HISTORY--H.R. 5107 (H.R. 3214):
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HOUSE REPORTS: No. 108-711 (Comm. on the Judiciary).
SENATE REPORTS: No. 108-321, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed House.
Oct. 9, considered and passed Senate.
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