Advancing Justice Through DNA Technology Act of 2003 - Title I: Debbie Smith Act of 2003 - Debbie Smith Act of 2003 - (Sec. 102) Amends the DNA Analysis Backlog Elimination Act of 2000 (Backlog Act) to rename its grant program the Debbie Smith DNA Backlog Grant Program. Expands the program to allow grants to units of local governments as well as States. Directs that grants go toward timely analyses of DNA samples, including samples from rape kits, samples from other sexual assault evidence, and from cases without an identified suspect.
Directs the Attorney General to distribute grant amounts and establish appropriate grant conditions in conformity with formulas designed to distribute funds among States and local governments in a manner that: (1) maximizes the use of DNA technology to solve crimes and protect public safety; and (2) allocates grants fairly and efficiently to address jurisdictions in which significant backlogs exist by considering the number of samples awaiting DNA analysis, the population, and the number of part 1 violent crimes in a jurisdiction.
Requires the Attorney General to allocate to each State not less than .5 percent of the total amount appropriated in a fiscal year for grants, except that the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .125 percent of the total. Sets forth additional limitations for FY 2005 through 2009. Authorizes appropriations. Authorizes the Attorney General to distribute up to one percent of the grant amounts for accreditation or reaccreditation, and for audits and remedial efforts.
(Sec. 103) Amends the DNA Identification Act of 1994 (Identification Act) to allow States to include within the Combined DNA Index System (CODIS) the DNA profiles of all persons who have been indicted or who have waived indictment for a crime, and whose DNA samples have been collected under applicable legal authorities, but not profiles from samples voluntarily submitted solely for elimination purposes. Requires, as a condition for access to CODIS, that a State promptly expunge the DNA analysis of a person not convicted if all charges have been dismissed or resulted in acquittal. Lists qualifying Federal offenses (any felony, sexual abuse, crimes of violence, or an attempt or conspiracy to commit any such offenses) and military offenses (those under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed, or that is comparable to a qualifying Federal offense).
Amends the Identification Act to require the Director of the Federal Bureau of Investigation (FBI) to ensure that any person who is authorized to access CODIS for purposes of including information on DNA identification records or DNA analyses may access CODIS for a keyboard search.
(Sec. 104) Amends the Federal criminal code to provide that no statute of limitations that would otherwise apply shall preclude prosecution of a person for commission of a felony until a period of time equal to the otherwise applicable limitation period has elapsed following the implication of the person by DNA testing.
(Sec. 105) Amends the Violence Against Women Act of 2000 to make legal assistance available for victims of dating violence.
(Sec. 106) Amends the Backlog Act to allow a backlog elimination grant to be made in the form of a contract (currently limited to a voucher) for laboratory services.
Title II: DNA Sexual Assault Justice Act of 2003 - DNA Sexual Assault Justice Act of 2003 - (Sec. 202) Amends the Identification Act to direct that CODIS only include information on DNA identification records and analyses that are prepared by laboratories that: (1) have been accredited by a nationally recognized nonprofit professional association of persons actively involved in forensic science; and (2) undergo external audits that demonstrate compliance with standards established by the FBI Director.
(Sec. 203) Directs the Attorney General to make grants to eligible entities to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence to: (1) organizations consisting of or representing law enforcement personnel, court officers, forensic science professionals, or corrections personnell; and (2) States, local governments, and sexual assault examination programs for medical and other personnel involved in treating victims of sexual assault.
(Sec. 205) Directs the Attorney General to make grants: (1) for research and development to improve forensic DNA technology; (2) ,to appropriate entities for research 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; and (3) States and local governments to promote the use of forensic DNA technology to identify missing persons and unidentified human remains.
(Sec. 206) Directs the Attorney General to appoint a National Forensic Science Commission.
(Sec. 209) Amends the Backlog Act to prohibit the use of a DNA sample without authorization. Makes each instance of unauthorized disclosure, obtaining, or use of a sample a separate offense.
(Sec. 210)) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to award grants to established nonprofit, nongovernmental tribal coalitions and to individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions addressing domestic violence and sexual assault against Indian women.
(Sec. 211) Expands the Paul Coverdell Forensic Sciences Improvement Grant Program to authorize the use of grants to: (1) eliminate a backlog in the analysis of forensic science evidence, including firearms examination, latent prints, toxicology, controlled substances, forensic pathology, questionable documents, and trace evidence; and (2) train, assist, and employ forensic laboratory personnel as needed to eliminate such a backlog.
Requires a State, to request a grant, to submit to the Attorney General 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 officer, or coroner's office in the State that will receive a portion of the grant amount.
Extends the authorization of appropriations for the Coverdell Grant Program for three years.
(Sec. 212) Directs the Attorney General to submit to Congress a report on the implementation of this Act.
Title III: Innocence Protection Act of 2003 - Innocence Protection Act of 2003 - Subtitle A: Exonerating the Innocent Through DNA Testing - (Sec. 311) Amends the Federal criminal code to establish procedures for post-conviction DNA testing in Federal court. Directs the court, upon a written motion by an individual under a sentence of imprisonment or death, to order DNA testing of specific evidence if: (1) the applicant asserts, under penalty of perjury, that the applicant is innocent; (2) the evidence was secured in relation to the offense; (3) the evidence was not previously subjected to DNA testing and the applicant did not waive the right to request testing, or the evidence was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative; (4) the evidence is in the Government's possession and has been subject to a chain of custody and retained under conditions sufficient to ensure that it has not been substituted, contaminated, tampered with, replaced, or altered in any material respect; (5) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices; (6) the applicant identifies a defense theory that is not inconsistent with an affirmative defense presented at trial and that would establish the applicant's innocence; (7) the applicant was convicted following a trial and the perpetrator's identity was at issue in the trial; (8) the proposed DNA testing would produce new material evidence to support the defense theory and, assuming the DNA test result excludes the applicant, would 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; and (10) the applicant's motion is filed for the purpose of demonstrating actual innocence and not to delay the execution of the sentence or the administration of justice.
Sets forth provisions regarding notice to the Government, an order to preserve specific evidence, and appointment of counsel.
Requires the court to direct that any DNA testing ordered be carried out by the FBI, with an exception. Directs that the costs of such testing be paid by the applicant unless the applicant is indigent. Sets time limitations for such testing in capital cases.
Directs that: (1) the results of any DNA testing be simultaneously disclosed to the court, the applicant, and the Government; and (2) the Government submit any test results relating to an applicant's DNA to the National DNA Index System (NDIS). Sets forth provisions regarding retention of DNA samples (and matching with other offenses), procedures where the results are inconclusive and where they are inculpatory, and sentencing of an applicant for false assertions under this section.
Authorizes the applicant to file a motion for a new trial or resentencing if DNA test results exclude the applicant as the source of the DNA evidence. Requires the court to: (1) establish a reasonable schedule for the applicant to file such a motion and for the Government to respond; and (2) grant the applicant's motion for a new trial or resentencing if the DNA test results, when considered with all other evidence in the case (regardless of whether introduced at trial), establish by a preponderance of the evidence that a new trial would result in an acquittal, subject to specified requirements.
Requires the Government to preserve biological evidence that was secured in the investigation or prosecution of a Federal offense if a defendant is under a sentence of imprisonment for such offense. Sets criminal penalties for the intentional destruction of, or tampering with, biological evidence. Provides that nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.
Directs: (1) the Attorney General to establish a system for reporting and tracking motions under this subtitle, and to report to Congress regarding such motions; and (2) the Federal courts to provide to the Attorney General any requested assistance in operating and ensuring the accuracy and completeness of information included in that system.
(Sec. 312) Directs the Attorney General to 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.
(Sec. 313) Reserves certain funds to eligible entities that meet requirements of this Act and that demonstrate that the States in which they operate provide post-conviction DNA testing of specified evidence and preserve biological evidence.
Subtitle B: Improving the Quality of Representation in State Capital Cases - (Sec. 321) Directs the Attorney General to award grants to States to improve the quality of legal representation provided to indigent defendants in State capital cases. Directs that grants awarded: (1) be used to establish, implement, or improve an effective system for providing competent legal representation to indigents who have been charged with an offense subject to capital punishment, who have been sentenced to death and who seek appellate or collateral relief in State court, and who have been sentenced to death and who seek review in the U.S. Supreme Court; and (2) not be used to fund representation in specific capital cases. Requires that an effective system invest the responsibility for appointing qualified attorneys to represent indigents in capital cases: (1) in a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation; (2) in an entity that is established by statute or by the highest State court with jurisdiction in criminal cases and that is composed of individuals with demonstrated knowledge and expertise in capital representation; or (3) pursuant to a statutory procedure enacted before this Act's enactment 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.
(Sec. 322) Directs the Attorney General to: (1) award grants to States to improve the representation of the public in State capital cases; and (2) establish a process through which a State may apply for a grant. Requires each State receiving funds to 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. Sets forth specific requirements regarding reporting of capital representation improvement grants and capital prosecution improvement grants.
(Sec. 325) Directs the Inspector General of the Department of Justice to: (1) report to Congress and the Attorney General evaluating State compliance with grant conditions; and (2) grant evaluation priority to States deemed to be at the highest risk of noncompliance. Requires the Inspector General, for each State that employs a statutory procedure, to submit to Congress and to the Attorney General a determination as to whether the State is in substantial compliance with the requirements of the applicable State statute. Limits the allocation of funds to States not in compliance. Directs the Attorney General to provide the State with an opportunity to comment regarding the report's findings or the determination. Sets forth provisions regarding corrective action, the Attorney General's report to Congress, penalties for noncompliance, periodic reports to review States' compliance, and administrative costs.
(Sec. 326) Requires each State receiving a grant to allocate the funds equally between uses specified in this subtitle.
Subtitle C: Compensation for the Wrongfully Convicted - (Sec. 331) Amends the Federal judicial code to increase the compensation in Federal cases for persons wrongfully convicted.
(Sec. 332) Expresses 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.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3214 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3214
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 1, 2003
Mr. Sensenbrenner (for himself, Mr. Delahunt, Mr. LaHood, Mr. Conyers,
Mr. Coble, Mr. Scott of Virginia, Mr. Green of Wisconsin, Mr. Weiner,
Mr. Schiff, Mr. Hyde, Mr. Cannon, Mr. Chabot, Mr. Smith of Texas, Mr.
Bachus, Mr. Carter, Mr. Feeney, Mr. Forbes, Mr. Gallegly, Mr.
Goodlatte, Ms. Hart, Ms. Jackson-Lee of Texas, Mr. Jenkins, Mr. Keller,
Mr. King of Iowa, Ms. Lofgren, Mr. Meehan, Mr. Pence, Ms. Waters, Mr.
Watt, Mr. Wexler, Ms. Pryce of Ohio, Mr. Abercrombie, Mr. Bass, Mr.
Berman, Mr. Blumenauer, Mr. Boehner, Mr. Brown of Ohio, Mr. Calvert,
Mr. Camp, Mr. Case, Mr. Capuano, Mrs. Christensen, Mr. Crowley, Mr.
Cummings, Mr. Dooley of California, Mr. Emanuel, Mr. Engel, Mr.
English, Mr. Evans, Mr. Farr, Mr. Filner, Mr. Gephardt, Mr. Gibbons,
Mr. Gilchrest, Mr. Greenwood, Mr. Hoeffel, Mr. Hill, Mr. Hinchey, Mr.
Holden, Mr. Holt, Mr. Jackson of Illinois, Mr. Kennedy of Rhode Island,
Mr. Kildee, Mr. King of New York, Mrs. Maloney, Ms. McCarthy of
Missouri, Mr. McGovern, Mr. McInnis, Mr. McNulty, Mr. Oberstar, Mr.
Olver, Mr. Petri, Mr. Quinn, Mr. Rodriguez, Mr. Rush, Mr. Sanders, Mr.
Sandlin, Mr. Serrano, Mr. Sherman, Mr. Smith of Washington, Ms. Solis,
Mr. Spratt, Mr. Stark, Mr. Strickland, Mrs. Tauscher, Mr. Udall of
Colorado, Mr. Walsh, Mr. Wolf, Ms. Woolsey, Mr. Stupak, Ms. Velazquez,
Ms. Carson of Indiana, Mr. Green of Texas, Mr. Nadler, Mrs. Napolitano,
Mr. Shimkus, Ms. Corrine Brown of Florida, Mr. Langevin, Mr. Moran of
Virginia, and Mr. McDermott) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Advancing Justice
Through DNA Technology Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003
Sec. 101. Short title.
Sec. 102. Debbie Smith DNA Backlog Grant Program.
Sec. 103. Expansion of Combined DNA Index System.
Sec. 104. Tolling of statute of limitations.
Sec. 105. Legal assistance for victims of violence.
Sec. 106. Ensuring private laboratory assistance in eliminating DNA
backlog.
TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003
Sec. 201. Short title.
Sec. 202. Ensuring public crime laboratory compliance with Federal
standards.
Sec. 203. DNA training and education for law enforcement, correctional
personnel, and court officers.
Sec. 204. Sexual assault forensic exam program grants.
Sec. 205. DNA research and development.
Sec. 206. FBI DNA programs.
Sec. 207. DNA identification of missing persons.
Sec. 208. Enhanced criminal penalties for unauthorized disclosure or
use of DNA information.
Sec. 209. Tribal coalition grants.
Sec. 210. Expansion of Paul Coverdell Forensic Science Improvement
Grant Program.
Sec. 211. Report to Congress.
TITLE III--INNOCENCE PROTECTION ACT OF 2003
Sec. 301. Short title.
Subtitle A--Exonerating the Innocent Through DNA Testing
Sec. 311. Federal post-conviction DNA testing.
Sec. 312. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 313. Incentive grants to States to ensure consideration of claims
of actual innocence.
Subtitle B--Improving the Quality of Representation in State Capital
Cases
Sec. 321. Capital representation improvement grants.
Sec. 322. Capital prosecution improvement grants.
Sec. 323. Applications.
Sec. 324. State reports.
Sec. 325. Evaluations by Inspector General and administrative remedies.
Sec. 326. Authorization of appropriations.
Subtitle C--Compensation for the Wrongfully Convicted
Sec. 331. Increased compensation in Federal cases for the wrongfully
convicted.
Sec. 332. Sense of Congress regarding compensation in State death
penalty cases.
TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003
SEC. 101. SHORT TITLE.
This title may be cited as the ``Rape Kits and DNA Evidence Backlog
Elimination Act of 2003''.
SEC. 102. 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
(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 areas where
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 I 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.
``(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 are participating in the National DNA
Index System in order to ensure 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
``(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) 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 in order to demonstrate 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. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM.
(a) Inclusion of All DNA Samples From States.--Section 210304(a)(1)
of the DNA Identification Act of 1994 (42 U.S.C. 14132(a)(1)) is
amended by striking ``of persons convicted of crimes;'' and inserting
the following: ``of--
``(A) persons convicted of crimes; and
``(B) other persons whose DNA samples are collected
under applicable legal authorities, provided that DNA
profiles from DNA samples that are voluntarily
submitted solely for elimination purposes shall not be
included in the Combined DNA Index System;''.
(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)).''.
SEC. 104. 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 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. 105. 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
(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. 106. 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.
``(B) Redemption.--A voucher or contract under
subparagraph (A) may be redeemed at a laboratory
operated on a 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) for the collection of DNA samples or DNA analysis
of samples from casework.''.
TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003
SEC. 201. SHORT TITLE.
This title may be cited as the ``DNA Sexual Assault Justice Act of
2003''.
SEC. 202. 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) not later than 2 years after the date of
enactment of the DNA Sexual Assault Justice Act of
2003, have been accredited by a nonprofit professional
association of persons 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. 203. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, CORRECTIONAL
PERSONNEL, AND COURT OFFICERS.
(a) In General.--The Attorney General shall make grants to States
and units of local government 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 the fiscal years 2005 through 2009
to carry out this section.
SEC. 204. 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 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;
and
(D) State sexual assault coalitions.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $30,000,000 for each of the fiscal years 2005 through 2009
to carry out this section.
SEC. 205. DNA RESEARCH AND DEVELOPMENT.
(a) Improving DNA Technology.--The Attorney General shall make
grants to States and units of local government for research and
development to improve forensic DNA technology, including increasing
the identification accuracy and efficiency of DNA analysis, decreasing
time and expense, and increasing portability.
(b) Demonstration Projects.--The Attorney General shall conduct
research through grants for 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) National Forensic Science Commission.--
(1) 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 paragraph (2).
(2) Responsibilities.--The Commission shall--
(A) assess the present and future resource needs of
the forensic science community;
(B) make recommendations to the Attorney General
for maximizing the use of forensic technologies and
techniques to solve crimes and protect the public;
(C) identify potential scientific advances that may
assist law enforcement in using forensic technologies
and techniques to protect the public;
(D) make recommendations to the Attorney General
for programs that will increase the number of qualified
forensic scientists available to work in public crime
laboratories;
(E) 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;
(F) examine additional issues pertaining to
forensic science as requested by the Attorney General;
(G) 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;
(H) make specific recommendations to the Attorney
General, as necessary, to enhance the protections
described in subparagraph (G) to ensure--
(i) the appropriate use and dissemination
of DNA information;
(ii) the accuracy, security, and
confidentiality of DNA information;
(iii) the timely removal and destruction of
obsolete, expunged, or inaccurate DNA
information; and
(iv) that any other necessary measures are
taken to protect privacy; and
(I) provide a forum for the exchange and
dissemination of ideas and information in furtherance
of the objectives described in subparagraphs (A)
through (H).
(3) Personnel; procedures.--The Attorney General shall--
(A) designate the Chair of the Commission from
among its members;
(B) designate any necessary staff to assist in
carrying out the functions of the Commission; and
(C) establish procedures and guidelines for the
operations of the Commission.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 for each of the fiscal years 2005 through 2009
to carry out this section.
SEC. 206. 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 the 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. 207. DNA IDENTIFICATION OF MISSING PERSONS.
(a) In General.--The Attorney General shall make grants to States
and units of local government to promote the use of forensic DNA
technology to identify missing persons and unidentified human remains.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for each of the fiscal years 2005 through 2009
to carry out this section.
SEC. 208. 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 $100,000. Each
instance of disclosure, obtaining, or use shall constitute a separate
offense under this subsection.''.
SEC. 209. TRIBAL COALITION GRANTS.
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 Indian women;
``(B) enhancing the response to violence against
Indian 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
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 Indian women; and
``(B) individuals or organizations that propose to
incorporate as nonprofit, nongovernmental tribal
coalitions to address domestic violence and sexual
assault against Indian 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).''.
SEC. 210. 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--
``(1) carry out'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(2) eliminate a backlog in the analysis of forensic
science evidence, including firearms examination, latent
prints, toxicology, controlled substances, forensic pathology,
questionable documents, and trace evidence; and
``(3) train, assist, and employ forensic laboratory
personnel, as needed, to eliminate a forensic evidence
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) Defined Term.--As used in this section, the term `forensic
evidence backlog' means forensic evidence that--
``(1) has been stored in a laboratory, medical examiner's
office, or coroner's office; 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 the ``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) 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, or
coroner's office 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 the ``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.''.
SEC. 211. 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 Act.
(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 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 Act are carried out;
(3) the distribution of grant amounts under this Act among
eligible States and local governments, and whether the
distribution of such funds has served the 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 203 and 204;
(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 205;
(6) the steps taken to establish the National Forensic
Science Commission, and the activities of the Commission under
section 205(c);
(7) the use of funds by the Federal Bureau of Investigation
under section 206;
(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 207;
(9) grants awarded and the use of such grants by eligible
entities to eliminate forensic science backlogs under section
210;
(10) State compliance with the requirements set forth in
section 313; and
(11) any other matters considered relevant by the Attorney
General.
TITLE III--INNOCENCE PROTECTION ACT OF 2003
SEC. 301. SHORT TITLE.
This title may be cited as the ``Innocence Protection Act of
2003''.
Subtitle A--Exonerating the Innocent Through DNA Testing
SEC. 311. 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:
``CHAPTER 228A--POST-CONVICTION DNA TESTING
``Sec.
``3600. DNA testing.
``3600A. Prohibition on destruction of biological evidence.
``Sec. 3600. DNA testing
``(a) In General.--Upon a 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--
``(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)(I) such offense was legally necessary
to make the applicant eligible for a sentence
as a career offender under section 3559(e) or
an armed career offender under section 924(e),
and exoneration of such offense would entitle
the applicant to a reduced sentence; or
``(II) evidence of 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 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 2003; 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;
``(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--
``(A) would produce new material evidence to
support the theory of defense referenced in paragraph
(6); and
``(B) assuming the DNA test result excludes the
applicant, would 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; and
``(10) the applicant's motion is filed for the purpose of
demonstrating the applicant's actual innocence of the Federal
or State offense, and not to delay the execution of the
sentence or the administration of justice.
``(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.
``(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 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) CODIS.--The Government shall submit any test results
relating to the DNA of the applicant to the Combined DNA Index
System (referred to in this subsection as `CODIS').
``(3) Retention of dna sample.--
``(A) Entry into codis.--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
CODIS.
``(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 in CODIS if there is no other legal authority
to retain the DNA sample of the applicant in CODIS.
``(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 a preponderance of the 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
sentence of imprisonment or death; and
``(B) in the case of a motion for resentencing,
another Federal or State offense, if--
``(i) such offense was legally necessary to
make the applicant eligible for a sentence as a
career offender under section 3559(e) or an
armed career offender under section 924(e), and
exoneration of such offense would entitle the
applicant to a reduced sentence; or
``(ii) evidence of 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) Application not a motion.--An application under this
section shall not be considered to be a motion under section
2255 for purposes of determining whether the application or any
other motion is a second or successive motion under section
2255.
``Sec. 3600A. Prohibition on destruction of biological evidence
``(a) In General.--Notwithstanding any other provision of law, the
Government shall not destroy 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 evidence that was secured in the
investigation or prosecution of a Federal offense and preserved until
the time of conviction, and which the Government knows is--
``(1) a sexual assault forensic examination kit; or
``(2) semen, blood, saliva, hair, skin tissue, or other
identified biological material.
``(c) Applicability.--The prohibition of the destruction of
biological evidence under subsection (a) shall not apply if--
``(1) a court has denied a request or motion for DNA
testing of the biological evidence by the defendant under
section 3600, and no appeal is pending;
``(2) the defendant knowingly and voluntarily waived the
right to request DNA testing of such evidence in a court
proceeding conducted after the date of enactment of the
Innocence Protection Act of 2003;
``(3) the defendant is notified after conviction 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; or
``(4)(A) the evidence must be returned to its rightful
owner, or is of such a size, bulk, or physical character as to
render retention impracticable; and
``(B) the Government takes reasonable measures to remove
and preserve portions of the material evidence sufficient to
permit future DNA testing.
``(d) Other 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.--The Attorney General shall promulgate
regulations to implement and enforce 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.''.
(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 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 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 Act;
(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 Act, and any
recommendations the Attorney General may have relating to
future legislative action concerning that section.
(c) Effective Date; Applicability.--This 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. 312. KIRK 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 the fiscal years 2005 through 2009
to carry out this section.
(c) States.--For purposes of this section, the term ``States''
means the States 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. 313. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION OF CLAIMS
OF ACTUAL INNOCENCE.
(a) Funding.--For each of the fiscal years 2005 through 2009, all
funds appropriated to carry out sections 203, 205, 207, and 312 shall
be reserved for grants eligible entities that--
(1) meet the requirements under section 203, 205, 207, or
312, 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 any person
convicted after trial and under a sentence of
imprisonment or death for a State offense, in a
manner that ensures a meaningful process for
resolving a claim 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 any
person under a sentence of imprisonment or
death for a State 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.
(b) Certification.--For fiscal year 2005, an eligible entity shall
be deemed to comply with the requirements of this section if an
authorized officer of the State in which the eligible entity operates
certifies that the State will comply with such requirements within 1
year of the certification.
Subtitle B--Improving the Quality of Representation in State Capital
Cases
SEC. 321. 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 representation in specific
capital cases.
(d) 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 identifying and
appointing qualified attorneys to represent indigents in
capital cases in--
(A) a public defender program that relies on staff
attorneys, members of the private bar, or both, to
provide representation in capital cases; or
(B) 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
representation; and
(2) requires the entity described in paragraph (1) to--
(A) establish qualifications for attorneys who may
be appointed to represent indigents in capital cases;
(B) establish and maintain a roster of qualified
attorneys;
(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) monitor the performance of attorneys who are
appointed and their attendance at training programs,
and remove from the roster attorneys who fail to
deliver effective representation or who fail to comply
with such requirements as the entity may establish
regarding participation in training programs; and
(F) ensure funding for the full cost of competent
legal representation by the defense team and outside
experts selected by counsel, who shall be compensated
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.
SEC. 322. CAPITAL PROSECUTION IMPROVEMENT GRANTS.
(a) In General.--The Attorney General shall award grants to States
for the purpose of improving the representation of the public in State
capital cases.
(b) Use of Funds.--
(1) Permitted uses.--Grants awarded under subsection (a)
shall be used to--
(A) design and implement training programs for
State and local prosecutors to ensure effective
representation in State capital cases;
(B) develop and implement appropriate standards and
qualifications for State and local prosecutors who
litigate State capital cases;
(C) 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) identify and implement any potential legal
reforms that may be appropriate to minimize the
potential for error in the trial of capital cases;
(E) 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; and
(F) provide support and assistance to the families
of murder victims.
(2) Prohibited use.--Grants awarded under subsection (a)
shall not be used to fund the prosecution of specific capital
cases.
SEC. 323. APPLICATIONS.
(a) In General.--The 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) 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 charged with capital crimes and
trial-level prosecution of capital crimes; and
(D) 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 equally between the uses
described in section 321 and the uses described
in section 322.
SEC. 324. 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 321, 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 an entity described in section
321(d)(1); and
(B) requires the entity described in section
321(d)(1) to--
(i) establish qualifications for attorneys
who may be appointed to represent indigents in
capital cases in accordance with section
321(d)(2)(A);
(ii) establish and maintain a roster of
qualified attorneys in accordance with section
321(d)(2)(B);
(iii) assign attorneys from the roster in
accordance with section 321(d)(2)(C);
(iv) conduct, sponsor, or approve
specialized training programs for attorneys
representing defendants in capital cases in
accordance with section 321(d)(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 the entity may
establish regarding participation in training
programs, in accordance with section
321(d)(2)(E); and
(vi) ensure funding for the full cost of
competent legal representation by the defense
team and outside experts selected by counsel,
in accordance with section 321(d)(2)(F),
including a statement setting forth--
(I) if the State employs a public
defender program under section
321(d)(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 321(d)(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
nonattorney 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; and
(3) 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 322, 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 322(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
322(b)(1)(B);
(C) assessed the performance of State and local
prosecutors who litigate State capital cases in
accordance with section 322(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 322(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 322(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.
SEC. 325. 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 title, the Inspector General of the
Department of Justice (in this section referred to as the
``Inspector General'') shall--
(A) after affording an opportunity for any person
to provide comments on a report submitted under section
324, submit to Congress and to the Attorney General 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 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.
(b) Administrative Review.--
(1) Comment.--Upon receiving the report under subsection
(a)(1), the Attorney General shall provide the State with an
opportunity to comment regarding the findings and conclusions
of the report.
(2) Corrective action plan.--If the Attorney General, after
reviewing the report under subsection (a)(1), 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.
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), the
Attorney General shall, within 30 days, direct the State to
take 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 a
directive to implement such a plan under paragraph (2), the
Attorney General shall submit a report to Congress 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 321 and
322 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 the 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.
SEC. 326. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization for Grants.--There are authorized to be
appropriated $100,000,000 for each of the 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 321 and the uses
described in section 322.
Subtitle C--Compensation for the Wrongfully Convicted
SEC. 331. 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. 332. 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.
<all>
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 1.
Executive Comment Requested from DOD.
Referred to the Subcommittee on Total Force.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-321, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-321, Part I.
House Committee on Armed Services Granted an extension for further consideration ending not later than Oct. 16, 2003.
Committee on Armed Services discharged.
Committee on Armed Services discharged.
Placed on the Union Calendar, Calendar No. 194.
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H10349-10363)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 3214.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H10426-10427)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 357 - 67 (Roll no. 608).(text: CR H10349-10357)
Roll Call #608 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 357 - 67 (Roll no. 608). (text: CR H10349-10357)
Roll Call #608 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on the Judiciary.