II 

112TH CONGRESS 

1ST SESSION S. 250 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2011 

Mr. LEAHY (for himself, Mr. FRANKEN, Ms. KLOBUCHAR, and Mr. HARKIN) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for All Reau5 thorization Act of 2011’’. 

6 SEC. 2. CRIME VICTIMS’ RIGHTS. 

7 Section 3771 of title 18, United States Code, is 

8 amended— 

9 (1) in subsection (a), by adding at the end the 

10 following: 

11 ‘‘(9) The right to be informed of the rights 

12 under this section and the services described in sec13 tion 503(c) of the Victims’ Rights and Restitution 

14 Act of 1990 (42 U.S.C. 10607(c)) and provided con15 tact information for the Office of the Victims’ 

16 Rights Ombudsman of the Department of Justice.’’; 

17 (2) in subsection (d)(3), in the fifth sentence, 

18 by inserting ‘‘, unless the litigants, with the approval 

19 of the court, have stipulated to a different time pe20 riod for consideration’’ before the period; and 

21 (3) in subsection (e)— 

22 (A) by striking ‘‘this chapter, the term’’ 

23 and inserting the following: ‘‘this chapter: 

24 ‘‘(1) COURT OF APPEALS.—The term ‘court of 

25 appeals’ means— 


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1 ‘‘(A) for a violation of the United States 

2 Code, the United States court of appeals for the 

3 judicial district in which a defendant is being 

4 prosecuted; and 

5 ‘‘(B) for a violation of the District of Co6 lumbia Code, the District of Columbia Court of 

7 Appeals. 

8 ‘‘(2) CRIME VICTIM.— 

9 ‘‘(A) IN GENERAL.—The term’’; 

10 (B) by striking ‘‘In the case’’ and inserting 

11 the following: 

12 ‘‘(B) MINORS AND CERTAIN OTHER VIC13 TIMS.—In the case’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(3) DISTRICT COURT; COURT.—The terms 

16 ‘district court’ and ‘court’ include the Superior 

17 Court of the District of Columbia.’’. 

18 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS 

19 FOR CRIME VICTIMS. 

20 (a) CRIME VICTIMS LEGAL ASSISTANCE GRANTS.— 

21 Section 103(b) of the Justice for All Act of 2004 (Public 

22 Law 108–405; 118 Stat. 2264) is amended— 

23 (1) in paragraph (1), by striking ‘‘$2,000,000’’ 

24 and all that follows through ‘‘2009’’ and inserting 


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1 ‘‘$5,000,000 for each of fiscal years 2012, 2013, 

2 2014, 2015, and 2016’’; 

3 (2) in paragraph (2), by striking ‘‘$2,000,000’’ 

4 and all that follows through ‘‘2009,’’ and inserting 

5 ‘‘$5,000,000 for each of fiscal years 2012, 2013, 

6 2014, 2015, and 2016’’; 

7 (3) in paragraph (3), by striking ‘‘$300,000’’ 

8 and all that follows through ‘‘2009,’’ and inserting 

9 ‘‘$500,000 for each of fiscal years 2012, 2013, 

10 2014, 2015, and 2016’’; 

11 (4) in paragraph (4), by striking ‘‘$7,000,000’’ 

12 and all that follows through ‘‘2009,’’ and inserting 

13 ‘‘$11,000,000 for each of fiscal years 2012, 2013, 

14 2014, 2015, and 2016’’; and 

15 (5) in paragraph (5), by striking ‘‘$5,000,000’’ 

16 and all that follows through ‘‘2009,’’ and inserting 

17 ‘‘$7,000,000 for each of fiscal years 2012, 2013, 

18 2014, 2015, and 2016’’. 

19 (b) CRIME VICTIMS NOTIFICATION GRANTS.—Sec20 tion 1404E(c) of the Victims of Crime Act of 1984 (42 

21 U.S.C. 10603e(c)) is amended by striking ‘‘this 

22 section—’’ and all that follows and inserting ‘‘this section 

23 $5,000,000 for each of the fiscal years 2012, 2013, 2014, 

24 2015, and 2016.’’. 


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1 SEC. 4. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 

2 (a) IN GENERAL.—Section 2 of the DNA Analysis 

3 Backlog Elimination Act of 2000 (42 U.S.C. 14135) is 

4 amended to read as follows: 

5 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO6 GRAM. 

7 ‘‘(a) DEFINITIONS.—In this section— 

8 ‘‘(1) the term ‘backlog for DNA case work’ has 

9 the meaning given that term by the Director, in ac10 cordance with subsection (b)(3); 

11 ‘‘(2) the term ‘Combined DNA Index System’ 

12 means the Combined DNA Index System of the Fed13 eral Bureau of Investigation; 

14 ‘‘(3) the term ‘Director’ means the Director of 

15 the National Institute of Justice; 

16 ‘‘(4) the term ‘emergency response provider’ 

17 has the meaning given that term in section 2 of the 

18 Homeland Security Act of 2002 (6 U.S.C. 101); and 

19 ‘‘(5) the term ‘State’ means a State of the 

20 United States, the District of Columbia, the Com21 monwealth of Puerto Rico, the United States Virgin 

22 Islands, American Samoa, Guam, and the Northern 

23 Mariana Islands. 

24 ‘‘(b) ESTABLISHMENT OF PROTOCOLS, TECHNICAL

25 ASSISTANCE, AND DEFINITIONS OF EVIDENCE BACKLOG

26 FOR DNA CASE WORK.— 


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1 ‘‘(1) PROTOCOLS AND PRACTICES.—Not later 

2 than 18 months after the date of enactment of the 

3 Justice for All Reauthorization Act of 2011, the Di4 rector shall develop and publish a description of pro5 tocols and practices the Director considers appro6 priate for the accurate, timely, and effective collec7 tion and processing of DNA evidence, including pro8 tocols and practices specific to sexual assault cases, 

9 which shall address appropriate steps in the inves10 tigation of cases that might involve DNA evidence, 

11 including— 

12 ‘‘(A) how to determine— 

13 ‘‘(i) which evidence is to be collected 

14 by law enforcement personnel and for15 warded for testing; 

16 ‘‘(ii) the preferred order in which evi17 dence from the same case is to be tested; 

18 and 

19 ‘‘(iii) the preferred order in which evi20 dence from different cases is to be tested; 

21 ‘‘(B) the establishment of a reasonable pe22 riod of time in which evidence is to be for23 warded by emergency response providers, law 

24 enforcement personnel, and prosecutors to a 

25 laboratory for testing; 


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1 ‘‘(C) the establishment of reasonable peri2 ods of time in which each stage of analytical 

3 laboratory testing is to be completed; and 

4 ‘‘(D) systems to encourage communication 

5 within a State or unit of local government 

6 among emergency response providers, law en7 forcement personnel, prosecutors, courts, de8 fense counsel, crime laboratory personnel, and 

9 crime victims regarding the status of crime 

10 scene evidence to be tested. 

11 ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— 

12 The Director shall make available technical assist13 ance and training to support States and units of 

14 local government in adopting and implementing the 

15 protocols and practices developed under paragraph 

16 (1) on and after the date on which the protocols and 

17 practices are published. 

18 ‘‘(3) DEFINITION OF BACKLOG FOR DNA CASE

19 WORK.—The Director shall develop and publish a 

20 definition of the term ‘backlog for DNA case work’ 

21 for purposes of this section— 

22 ‘‘(A) taking into consideration the different 

23 stages at which a backlog may develop, includ24 ing the investigation and prosecution of a crime 

25 by law enforcement personnel, prosecutors, and 


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1 others, and the laboratory analysis of crime 

2 scene samples; and 

3 ‘‘(B) which may include different criteria 

4 or thresholds for the different stages. 

5 ‘‘(c) AUTHORIZATION OF GRANTS FOR THE COLLEC6 TION AND PROCESSING OF DNA EVIDENCE BY LAW EN7 FORCEMENT.— 

8 ‘‘(1) PURPOSE.—The Attorney General may 

9 make grants to States or units of local government 

10 which may be used to— 

11 ‘‘(A) ensure that the collection and proc12 essing of DNA evidence from crimes, including 

13 sexual assault and other serious violent crimes, 

14 is carried out in an appropriate and timely 

15 manner; 

16 ‘‘(B) eliminate existing backlogs for DNA 

17 case work, including backlogs from sexual as18 sault cases; and 

19 ‘‘(C) ensure effective communication 

20 among emergency response providers, law en21 forcement personnel, prosecutors, courts, de22 fense counsel, crime laboratory personnel, and 

23 crime victims regarding the status of crime 

24 scene evidence to be tested. 


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1 ‘‘(2) APPLICATION.—A State or unit of local 

2 government desiring a grant under this subsection 

3 shall submit to the Attorney General an application 

4 in such form and containing such information as the 

5 Attorney General may require, which shall include— 

6 ‘‘(A) providing assurances that the State 

7 or unit of local government has implemented, or 

8 will implement not later than 120 days after 

9 the date of the application, a comprehensive 

10 plan for the expeditious collection and proc11 essing of DNA evidence in accordance with this 

12 section; and 

13 ‘‘(B) specifying the percentage of the 

14 amounts received under the grant that the 

15 State or unit of local government shall use for 

16 the purpose specified in each of subparagraphs 

17 (A), (B), and (C) of paragraph (1). 

18 ‘‘(3) COLLECTION AND PROCESSING OF SAM19 PLES.—A plan described in paragraph (2)(A)— 

20 ‘‘(A) shall require a State or unit of local 

21 government to— 

22 ‘‘(i) adopt the appropriate protocols 

23 and practices developed under subsection 

24 (b)(1); and 


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1 ‘‘(ii) ensure that emergency response 

2 providers, law enforcement personnel, pros3 ecutors, and crime laboratory personnel 

4 within the jurisdiction of the State or unit 

5 of local government receive training on the 

6 content and appropriate use of the proto7 cols and practices; and 

8 ‘‘(B) may include the development and im9 plementation within the State or unit of local 

10 government of an evidence tracking system to 

11 ensure effective communication among emer12 gency response providers, law enforcement per13 sonnel, prosecutors, defense counsel, courts, 

14 crime laboratory personnel, and crime victims 

15 regarding the status of crime scene evidence 

16 subject to DNA analysis. 

17 ‘‘(4) REPORTING AND PUBLICATION OF DNA

18 BACKLOGS.— 

19 ‘‘(A) IN GENERAL.—A plan described in 

20 paragraph (2)(A) shall require a State or unit 

21 of local government to submit to the Attorney 

22 General an annual report reflecting the current 

23 backlog for DNA case work within the jurisdic24 tion in which the funds are used, which shall in25 clude— 


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1 ‘‘(i) a specific breakdown of the num2 ber of sexual assault cases that are in a 

3 backlog for DNA case work and the per4 centage of the amounts received under the 

5 grant allocated to reducing the backlog of 

6 DNA case work in sexual assault cases; 

7 ‘‘(ii) for each case that is in a backlog 

8 for DNA case work, the identity of each 

9 agency, office, or contractor of the State or 

10 unit of local government in which work 

11 necessary to complete the DNA analysis is 

12 pending; and 

13 ‘‘(iii) any other information the Attor14 ney General determines appropriate. 

15 ‘‘(B) COMPILATION.—The Attorney Gen16 eral shall annually compile and publish the re17 ports submitted under subparagraph (A) on the 

18 website of the Department of Justice. 

19 ‘‘(d) AUTHORIZATION OF GRANTS FOR DNA TEST20 ING AND ANALYSIS BY LABORATORIES.— 

21 ‘‘(1) PURPOSE.—The Attorney General may 

22 make grants to States or units of local government 

23 to— 

24 ‘‘(A) carry out, for inclusion in the Com25 bined DNA Index System, DNA analyses of 


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1 samples collected under applicable legal author2 ity; 

3 ‘‘(B) carry out, for inclusion in the Com4 bined DNA Index System, DNA analyses of 

5 samples from crime scenes, including samples 

6 from rape kits, samples from other sexual as7 sault evidence, and samples taken in cases with8 out an identified suspect; 

9 ‘‘(C) increase the capacity of laboratories 

10 owned by the State or unit of local government 

11 to carry out DNA analyses of samples specified 

12 in subparagraph (A) or (B); 

13 ‘‘(D) collect DNA samples specified in sub14 paragraph (A); and 

15 ‘‘(E) ensure that DNA testing and analysis 

16 of samples from crimes, including sexual as17 sault and other serious violent crimes, are car18 ried out in a timely manner. 

19 ‘‘(2) APPLICATION.—A State or unit of local 

20 government desiring a grant under this subsection 

21 shall submit to the Attorney General an application 

22 in such form and containing such information as the 

23 Attorney General may require, which shall include— 

24 ‘‘(A) providing assurances that the State 

25 or unit of local government has implemented, or 


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1 will implement not later than 120 days after 

2 the date of the application, a comprehensive 

3 plan for the expeditious DNA analysis of sam4 ples in accordance with this section; 

5 ‘‘(B) certifying that each DNA analysis 

6 carried out under the plan shall be maintained 

7 in accordance with the privacy requirements de8 scribed in section 210304(b)(3) of the Violent 

9 Crime Control and Law Enforcement Act of 

10 1994 (42 U.S.C. 14132(b)(3)); 

11 ‘‘(C) specifying the percentage of the 

12 amounts received under the grant that the 

13 State or unit of local government shall use to 

14 carry out DNA analyses of samples described in 

15 paragraph (1)(A) and the percentage of the 

16 amounts the State or unit of local government 

17 shall use to carry out DNA analyses of samples 

18 described in paragraph (1)(B); 

19 ‘‘(D) specifying the percentage of the 

20 amounts received under the grant that the 

21 State or unit of local government shall use for 

22 a purpose described in paragraph (1)(C); 

23 ‘‘(E) if submitted by a unit of local govern24 ment, certifying that the unit of local govern25 ment has taken, or is taking, all necessary steps 


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1 to ensure that the unit of local government is 

2 eligible to include in the Combined DNA Index 

3 System, directly or through a State law enforce4 ment agency, all analyses of samples for which 

5 the unit of local government has requested 

6 funding; and 

7 ‘‘(F) specifying the percentage of the 

8 amounts received under the grant that the 

9 State or unit of local government shall use for 

10 the purpose described in paragraph (1)(D). 

11 ‘‘(3) ANALYSIS OF SAMPLES.— 

12 ‘‘(A) IN GENERAL.—A plan described in 

13 paragraph (2)(A) shall require that, except as 

14 provided in subparagraph (C), each DNA anal15 ysis be carried out in a laboratory that— 

16 ‘‘(i) satisfies quality assurance stand17 ards; and 

18 ‘‘(ii) is— 

19 ‘‘(I) operated by the State or a 

20 unit of local government; or 

21 ‘‘(II) operated by a private entity 

22 pursuant to a contract with the State 

23 or a unit of local government. 

24 ‘‘(B) QUALITY ASSURANCE STANDARDS.— 


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1 ‘‘(i) IN GENERAL.—The Director of 

2 the Federal Bureau of Investigation shall 

3 maintain and make available to States and 

4 units of local government a description of 

5 quality assurance protocols and practices 

6 that the Director of the Federal Bureau of 

7 Investigation considers adequate to assure 

8 the quality of a forensic laboratory. 

9 ‘‘(ii) EXISTING STANDARDS.—For 

10 purposes of this paragraph, a laboratory 

11 satisfies quality assurance standards if the 

12 laboratory satisfies the quality control re13 quirements described in paragraphs (1) 

14 and (2) of section 210304(b) of the Violent 

15 Crime Control and Law Enforcement Act 

16 of 1994 (42 U.S.C. 14132(b)). 

17 ‘‘(4) USE OF VOUCHERS OR CONTRACTS FOR

18 CERTAIN PURPOSES.— 

19 ‘‘(A) IN GENERAL.—A grant for a purpose 

20 specified in subparagraph (A), (B), (E), or (F) 

21 of paragraph (1) may be made in the form of 

22 a voucher or contract for laboratory services, 

23 even if the laboratory makes a reasonable profit 

24 for the services. 


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1 ‘‘(B) REDEMPTION.—A voucher or con2 tract under subparagraph (A) may be redeemed 

3 at a laboratory operated on a nonprofit or for4 profit basis, by a private entity that satisfies 

5 quality assurance standards and has been ap6 proved by the Attorney General. 

7 ‘‘(C) PAYMENTS.—The Attorney General 

8 may use amounts appropriated to carry out this 

9 section to make payments to a laboratory de10 scribed under subparagraph (B). 

11 ‘‘(5) REPORTING AND PUBLICATION OF DNA

12 BACKLOGS.— 

13 ‘‘(A) IN GENERAL.—A plan described in 

14 paragraph (2)(A) shall require the State or unit 

15 of local government to submit to the Attorney 

16 General an annual report reflecting the backlog 

17 for DNA case work within the jurisdiction in 

18 which the funds will be used, which shall in19 clude— 

20 ‘‘(i) a specific breakdown of the num21 ber of sexual assault cases that are in a 

22 backlog for DNA case work and the per23 centage of the amounts received under the 

24 grant allocated to reducing the backlog of 

25 DNA case work in sexual assault cases; 


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1 ‘‘(ii) for each case that is in a backlog 

2 for DNA case work, the identity of each 

3 agency, office, or contractor of the State or 

4 unit of local government in which work 

5 necessary to complete the DNA analysis is 

6 pending; and 

7 ‘‘(iii) any other information the Attor8 ney General determines appropriate. 

9 ‘‘(B) COMPILATION.—The Attorney Gen10 eral shall annually compile and publish the re11 ports submitted under subparagraph (A) on the 

12 website of the Department of Justice. 

13 ‘‘(e) FORMULA FOR DISTRIBUTION OF GRANTS.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

15 and (3), the Attorney General shall distribute grant 

16 amounts, and establish appropriate grant conditions 

17 under this section, in conformity with a formula or 

18 formulas that are designed to effectuate a distribu19 tion of funds among States and units of local gov20 ernment applying for grants under this section 

21 that— 

22 ‘‘(A) maximizes the effective use of DNA 

23 technology to solve crimes and protect public 

24 safety; and 


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1 ‘‘(B) allocates grants among States and 

2 units of local government fairly and efficiently, 

3 across rural and urban jurisdictions, to address 

4 States and units of local government in which 

5 significant backlogs for DNA case work exist, 

6 by considering— 

7 ‘‘(i) the number of offender and case8 work samples awaiting DNA analysis in a 

9 State or unit of local government; 

10 ‘‘(ii) the population in the State or 

11 unit of local government; 

12 ‘‘(iii) the number of part 1 violent 

13 crimes in the State or unit of local govern14 ment; and 

15 ‘‘(iv) the availability of resources to 

16 train emergency response providers, law 

17 enforcement personnel, prosecutors, and 

18 crime laboratory personnel on the effective19 ness of appropriate and timely DNA collec20 tion, processing, and analysis. 

21 ‘‘(2) MINIMUM AMOUNT.—The Attorney Gen22 eral shall allocate to each State not less than 0.50 

23 percent of the total amount appropriated in a fiscal 

24 year for grants under this section, except that the 

25 United States Virgin Islands, American Samoa, 


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1 Guam, and the Northern Mariana Islands shall each 

2 be allocated 0.125 percent of the total amount ap3 propriated in a fiscal year for grants under this sec4 tion. 

5 ‘‘(3) LIMITATION.—In distributing grant 

6 amounts under paragraph (1), the Attorney General 

7 shall ensure that for each of fiscal years 2012 

8 through 2016, not less than 40 percent of the grant 

9 amounts are awarded for purposes described in sub10 section (d)(1)(B). 

11 ‘‘(f) RESTRICTIONS ON USE OF FUND.— 

12 ‘‘(1) NONSUPPLANTING.—Funds made available 

13 under this section shall not be used to supplant 

14 funds of a State or unit of local government, and 

15 shall be used to increase the amount of funds that 

16 would, in the absence of Federal funds, be made 

17 available from the State or unit of local government 

18 for the purposes described in this Act. 

19 ‘‘(2) ADMINISTRATIVE COSTS.—A State or unit 

20 of local government may not use more than 3 per21 cent of the amounts made available under a grant 

22 under this section for administrative expenses relat23 ing to the grant. 

24 ‘‘(g) REPORTS TO THE ATTORNEY GENERAL.—Each 

25 State or unit of local government that receives a grant 


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1 under this section shall submit to the Attorney General, 

2 for each year in which funds from a grant received under 

3 this section are expended, a report at such time and in 

4 such manner as the Attorney General may reasonably re5 quire, that contains— 

6 ‘‘(1) a summary of the activities carried out 

7 under the grant and an assessment of whether such 

8 activities are meeting the needs identified in the ap9 plication; and 

10 ‘‘(2) such other information as the Attorney 

11 General may require. 

12 ‘‘(h) REPORTS TO CONGRESS.—Not later than 90 

13 days after the end of each fiscal year for which grants 

14 are made under this section, the Attorney General shall 

15 submit to Congress a report that includes— 

16 ‘‘(1) the aggregate amount of grants made 

17 under this section to each State or unit of local gov18 ernment for the fiscal year; 

19 ‘‘(2) a summary of the information provided by 

20 States or units of local government receiving grants 

21 under this section; and 

22 ‘‘(3) a description of the priorities and plan for 

23 awarding grants among eligible States and units of 

24 local government, and how the plan will ensure the 


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1 effective use of DNA technology to solve crimes and 

2 protect public safety. 

3 ‘‘(i) EXPENDITURE RECORDS.— 

4 ‘‘(1) IN GENERAL.—Each State or unit of local 

5 government that receives a grant under this section 

6 shall keep such records as the Attorney General may 

7 require to facilitate an effective audit of the receipt 

8 and use of grant funds received under this section. 

9 ‘‘(2) ACCESS.—Each State or unit of local gov10 ernment that receives a grant under this section 

11 shall make available, for the purpose of audit and 

12 examination, any records relating to the receipt or 

13 use of the grant. 

14 ‘‘(j) USE OF FUNDS FOR ACCREDITATION AND AU15 DITS.—The Attorney General may distribute not more 

16 than 1 percent of the amounts made available for grants 

17 under this section for a fiscal year— 

18 ‘‘(1) to States or units of local government to 

19 defray the costs incurred by laboratories operated by 

20 each such State or unit of local government in pre21 paring for accreditation or reaccreditation; 

22 ‘‘(2) in the form of additional grants to States, 

23 units of local government, or nonprofit professional 

24 organizations of persons actively involved in forensic 


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1 science and nationally recognized within the forensic 

2 science community to— 

3 ‘‘(A) defray the costs of external audits of 

4 laboratories operated by the State or unit of 

5 local government, which participates in the Na6 tional DNA Index System, to determine wheth7 er the laboratory is in compliance with quality 

8 assurance standards; 

9 ‘‘(B) assess compliance with any plans 

10 submitted to the Director that detail the use of 

11 funds received by States or units of local gov12 ernment under this section; and 

13 ‘‘(C) support capacity building efforts; and 

14 ‘‘(3) in the form of additional grants to non15 profit professional associations actively involved in 

16 forensic science and nationally recognized within the 

17 forensic science community to defray the costs of 

18 training persons who conduct external audits of lab19 oratories operated by States and units of local gov20 ernment and which participate in the National DNA 

21 Index System. 

22 ‘‘(k) USE OF FUNDS FOR OTHER FORENSIC

23 SCIENCES.—The Attorney General may make a grant 

24 under this section to a State or unit of local government 

25 to alleviate a backlog of cases with respect to a forensic 


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1 science other than DNA analysis if the State or unit of 

2 local government— 

3 ‘‘(1) certifies to the Attorney General that in 

4 such State or unit— 

5 ‘‘(A) all of the purposes set forth in sub6 sections (c) and (d) have been met; 

7 ‘‘(B) there is not a backlog for DNA case 

8 work, as defined by the Director in accordance 

9 with subsection (b)(3); and 

10 ‘‘(C) there is no need for significant lab11 oratory equipment, supplies, or additional per12 sonnel for timely processing of DNA case work 

13 or offender samples; and 

14 ‘‘(2) demonstrates to the Attorney General that 

15 the State or unit of local government requires assist16 ance in alleviating a backlog of cases involving a fo17 rensic science other than DNA analysis. 

18 ‘‘(l) EXTERNAL AUDITS AND REMEDIAL EFFORTS.— 

19 If a laboratory operated by a State or unit of local govern20 ment which has received funds under this section has un21 dergone an external audit conducted to determine whether 

22 the laboratory is in compliance with standards established 

23 by the Director of the Federal Bureau of Investigation, 

24 and, as a result of the audit, identifies measures to remedy 

25 deficiencies with respect to the compliance by the laboraVerDate Mar 15 2010 02:27 Feb 02, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S250.IS S250

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1 tory with the standards, the State or unit of local govern2 ment shall implement any such remediation as soon as 

3 practicable. 

4 ‘‘(m) PENALTY FOR NONCOMPLIANCE.— 

5 ‘‘(1) IN GENERAL.—The Attorney General shall 

6 annually compile a list of the States and units of 

7 local government receiving a grant under this section 

8 that have failed to provide the information required 

9 under subsection (c)(4)(A), (d)(5)(A), or (g). The 

10 Attorney General shall publish each list complied 

11 under this paragraph on the website of the Depart12 ment of Justice. 

13 ‘‘(2) REDUCTION IN GRANT FUNDS.—For any 

14 State or local government that the Attorney General 

15 determines has failed to provide the information re16 quired under subsection (c)(4)(A), (d)(5)(A), or (g), 

17 the Attorney General may not award a grant under 

18 this section for the fiscal year after the fiscal year 

19 to which the determination relates in an amount 

20 that is more than 50 percent of the amount the 

21 State or local government would have otherwise re22 ceived. 

23 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Attorney General 


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1 for grants under subsections (c) and (d) $151,000,000 for 

2 each of fiscal years 2012 through 2016.’’. 

3 (b) REPORT.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date of enactment of this Act, the Director of 

6 the Federal Bureau of Investigation shall evaluate 

7 the policies, standards, and protocols relating to the 

8 use of private laboratories in the analysis of DNA 

9 evidence, including the mandatory technical review 

10 of all outsourced DNA evidence by public labora11 tories prior to uploading DNA profiles into the Com12 bined DNA Index System of the Federal Bureau of 

13 Investigation. The evaluation shall take into consid14 eration the need to reduce DNA evidence backlogs 

15 while guaranteeing the integrity of the Combined 

16 DNA Index System. 

17 (2) REPORT TO CONGRESS.—Not later than 30 

18 days after the date on which the Director of the 

19 Federal Bureau of Investigation completes the eval20 uation under paragraph (1), the Director shall sub21 mit to Congress a report of the findings of the eval22 uation and any proposed policy changes. 

23 (c) TRANSITION PROVISION.— 

24 (1) DEFINITION.—In this subsection, the term 

25 ‘‘transition date’’ means the day after the latter of— 


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1 (A) the date on which the Director of the 

2 National Institute of Justice publishes a defini3 tion of the term ‘‘backlog for DNA case work’’ 

4 in accordance with section 2(b)(3) of the DNA 

5 Analysis Backlog Elimination Act of 2000, as 

6 amended by subsection (a); and 

7 (B) the date on which the Director of the 

8 National Institute of Justice publishes a de9 scription of protocols and practices in accord10 ance with section 2(b)(1) of the DNA Analysis 

11 Backlog Elimination Act of 2000, as amended 

12 by subsection (a). 

13 (2) GRANT AUTHORITY.—Notwithstanding the 

14 amendments made by subsection (a)— 

15 (A) the Attorney General may make grants 

16 under section 2 of the DNA Analysis Backlog 

17 Elimination Act of 2000 (42 U.S.C. 14135), as 

18 in effect on the day before the date of enact19 ment of this Act, until the transition date; and 

20 (B) the Attorney General may not make a 

21 grant under section 2 of the DNA Analysis 

22 Backlog Elimination Act of 2000, as amended 

23 by subsection (a), until the transition date. 


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1 SEC. 5. RAPE EXAM PAYMENTS. 

2 Section 2010 of title I of the Omnibus Crime Control 

3 and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is 

4 amended— 

5 (1) in subsection (a)(1)— 

6 (A) by striking ‘‘entity incurs the full’’ and 

7 inserting the following: ‘‘entity— 

8 ‘‘(A) incurs the full’’; 

9 (B) by striking the period at the end and 

10 inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(B) coordinates with regional health care 

13 providers to notify victims of sexual assault of 

14 the availability of rape exams at no cost to the 

15 victims.’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (1), by adding ‘‘or’’ at 

18 the end; 

19 (B) in paragraph (2), by striking ‘‘; or’’ 

20 and inserting a period; and 

21 (C) by striking paragraph (3); and 

22 (3) in subsection (d), by striking ‘‘(d) RULE OF

23 CONSTRUCTION.—’’ and all that follows through the 

24 end of paragraph (1) and inserting the following: 

25 ‘‘(d) NONCOOPERATION.— 


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1 ‘‘(1) IN GENERAL.—To be in compliance with 

2 this section, a State, Indian tribal government, or 

3 unit of local government shall comply with sub4 section (b) without regard to whether the victim par5 ticipates in the criminal justice system or cooperates 

6 with law enforcement.’’. 

7 SEC. 6. ADDITIONAL REAUTHORIZATIONS. 

8 (a) DNA RESEARCH AND DEVELOPMENT.—Section 

9 305(c) of the Justice for All Act of 2004 (42 U.S.C. 

10 14136b(c)) is amended by striking ‘‘fiscal years 2005 

11 through 2009’’ and inserting ‘‘fiscal years 2012 through 

12 2016’’. 

13 (b) FBI DNA PROGRAMS.—Section 307(a) of the 

14 Justice for All Act of 2004 (Public Law 108–405; 118 

15 Stat. 2275) is amended by striking ‘‘fiscal years 2005 

16 through 2009’’ and inserting ‘‘fiscal years 2012 through 

17 2016’’. 

18 (c) DNA IDENTIFICATION OF MISSING PERSONS.— 

19 Section 308(c) of the Justice for All Act of 2004 (42 

20 U.S.C. 14136d(c)) is amended by striking ‘‘fiscal years 

21 2005 through 2009’’ and inserting ‘‘fiscal years 2012 

22 through 2016’’. 


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1 SEC. 7. PAUL COVERDELL FORENSIC SCIENCES IMPROVE2 MENT GRANTS. 

3 Section 1001(a)(24) of title I of the Omnibus Crime 

4 Control and Safe Streets Act of 1968 (42 U.S.C. 

5 3793(a)(24)) is amended— 

6 (1) in subparagraph (H), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (I), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(K) $35,000,000 for each of fiscal years 

12 2012 through 2016.’’. 

13 SEC. 8. IMPROVING THE QUALITY OF REPRESENTATION IN 

14 STATE CAPITAL CASES. 

15 Section 426 of the Justice for All Act of 2004 (42 

16 U.S.C. 14163e) is amended— 

17 (1) in subsection (a), by striking ‘‘$75,000,000 

18 for each of fiscal years 2005 through 2009’’ and in19 serting ‘‘$50,000,000 for each of fiscal years 2012 

20 through 2016’’; and 

21 (2) in subsection (b), by inserting before the pe22 riod at the end the following: ‘‘, or upon a showing 

23 of good cause, and at the discretion of the Attorney 

24 General, the State may determine a fair allocation of 

25 funds across the uses described in sections 421 and 

26 422.’’. 


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1 SEC. 9. POST-CONVICTION DNA TESTING. 

2 (a) IN GENERAL.—Section 3600 of title 18, United 

3 States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)(B)(i), by striking 

6 ‘‘death’’; and 

7 (B) in paragraph (3)(A), by striking ‘‘and 

8 the applicant did not—’’ and all that follows 

9 through ‘‘knowingly fail to request’’ and insert10 ing ‘‘and the applicant did not knowingly fail to 

11 request’’; and 

12 (2) in subsection (g)(2)— 

13 (A) in the matter preceding subparagraph 

14 (A), by striking ‘‘establish by compelling evi15 dence’’ and inserting ‘‘establish by a preponder16 ance of the evidence’’; and 

17 (B) in subparagraph (B), by striking 

18 ‘‘death’’. 

19 (b) PRESERVATION OF BIOLOGICAL EVIDENCE.— 

20 Section 3600A(c) of title 18, United States Code, is 

21 amended— 

22 (1) by striking paragraph (2); and 

23 (2) by redesignating paragraphs (3), (4), and 

24 (5) as paragraphs (2), (3), and (4), respectively. 


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1 SEC. 10. INCENTIVE GRANTS TO STATES TO ENSURE CON2 SIDERATION OF CLAIMS OF ACTUAL INNO3 CENCE. 

4 (a) IN GENERAL.—Section 413 of the Justice for All 

5 Act of 2004 (42 U.S.C. 14136 note) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘fiscal years 2005 through 2009’’ and in8 serting ‘‘fiscal years 2012 through 2016’’; and 

9 (2) by striking paragraph (2) and inserting the 

10 following: 

11 ‘‘(2) provide a certification by the chief legal of12 ficer of the State in which the eligible entity oper13 ates or the chief legal officer of the jurisdiction in 

14 which the funds will be used for the purposes of the 

15 grants, that the State or jurisdiction— 

16 ‘‘(A) provides DNA testing of specified evi17 dence under a State statute to persons con18 victed after trial and under a sentence of im19 prisonment or death for a State felony offense, 

20 in a manner that ensures a reasonable process 

21 for resolving claims of actual innocence con22 sistent with section 3600(a) of title 18, United 

23 States Code (which may include making post24 conviction DNA testing available in cases in 

25 which the testing would not be required under 

26 that section) and, if the results of the testing 


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1 exclude the applicant as the perpetrator of the 

2 offense, permits the applicant to apply for post3 conviction relief, notwithstanding any provision 

4 of law that would otherwise bar the application 

5 as untimely; and 

6 ‘‘(B) preserves biological evidence under a 

7 State statute or a State or local rule, regula8 tion, or practice in a manner intended to ensure 

9 that reasonable measures are taken by the 

10 State or jurisdiction to preserve biological evi11 dence secured in relation to the investigation or 

12 prosecution of a State felony offense (including, 

13 at a minimum murder, non-negligent man14 slaughter and sexual offenses) in a manner con15 sistent with section 3600A of title 18, United 

16 States (which may require preservation of bio17 logical evidence for longer than the period of 

18 time that the evidence would be required to be 

19 preserved under that section).’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 412(b) of the Justice for All Act of 2004 (42 U.S.C. 

22 14136e(b)) is amended— 

23 (1) by striking ‘‘fiscal years 2005 through 

24 2009’’ and inserting ‘‘fiscal years 2012 through 

25 2016’’; and 


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1 (2) by striking ‘‘$5,000,000’’ and inserting 

2 ‘‘$10,000,000’’. 

3 SEC. 11. ESTABLISHMENT OF NATIONAL STANDARDS PRO4 MULGATED BY NIJ. 

5 (a) IN GENERAL.—Subtitle A of title IV of the Jus6 tice for All Act of 2004 (Public Law 108–405; 118 Stat. 

7 2278) is amended by adding at the end the following: 

8 ‘‘SEC. 414. ESTABLISHMENT OF NATIONAL STANDARDS 

9 PROMULGATED BY NIJ. 

10 ‘‘(a) IN GENERAL.—The Director of the National In11 stitute of Justice shall— 

12 ‘‘(1) establish best practices for evidence reten13 tion; and 

14 ‘‘(2) assist State, local, and tribal governments 

15 in adopting and implementing the best practices es16 tablished under paragraph (1). 

17 ‘‘(b) DEADLINE.—Not later than 1 year after the 

18 date of enactment of this section, the Director of the Na19 tional Institute of Justice shall publish the best practices 

20 established under subsection (a)(1).’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of contents in section 1(b) of the Justice for 

23 All Act of 2004 (Public Law 108–405; 118 Stat. 2260) 

24 is amended by inserting after the item relating to section 

25 413 the following: 

‘‘Sec. 414. Establishment of national standards promulgated by NIJ.’’. 


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1 SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMINAL JUS2 TICE. 

3 (a) SHORT TITLE.—This section may be cited as the 

4 ‘‘Effective Administration of Criminal Justice Act of 

5 2011’’. 

6 (b) STRATEGIC PLANNING.—Section 502 of title I of 

7 the Omnibus Crime Control and Safe Streets Act of 1968 

8 (42 U.S.C. 3752) is amended— 

9 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

10 ‘‘To request a grant’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(6) A comprehensive State-wide plan detailing 

13 how grants received under this section will be used 

14 to improve the administration of the criminal justice 

15 system, which shall— 

16 ‘‘(A) be designed in consultation with local 

17 governments, and all segments of the criminal 

18 justice system, including judges, prosecutors, 

19 law enforcement personnel, corrections per20 sonnel, and providers of indigent defense serv21 ices, victim services, juvenile justice delinquency 

22 prevention programs, community corrections, 

23 and reentry services; 

24 ‘‘(B) include a description of how the State 

25 will allocate funding within and among each of 


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1 the uses described in subparagraphs (A) 

2 through (G) of section 501(a)(1); 

3 ‘‘(C) describe the process used by the State 

4 for gathering evidence-based data and devel5 oping and using evidence-based and evidence6 gathering approaches in support of funding de7 cisions; and 

8 ‘‘(D) be updated every 5 years, with an9 nual progress reports that— 

10 ‘‘(i) address changing circumstances 

11 in the State, if any; 

12 ‘‘(ii) describe how the State plans to 

13 adjust funding within and among each of 

14 the uses described in subparagraphs (A) 

15 through (G) of section 501(a)(1); 

16 ‘‘(iii) provide an ongoing assessment 

17 of need; 

18 ‘‘(iv) discuss the accomplishment of 

19 goals identified in any plan previously pre20 pared under this paragraph; and 

21 ‘‘(v) reflect how the plan influenced 

22 funding decisions in the previous year. 

23 ‘‘(b) TECHNICAL ASSISTANCE.— 

24 ‘‘(1) STRATEGIC PLANNING.—Not later than 90 

25 days after the date of enactment of this subsection, 


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1 the Attorney General shall begin to provide technical 

2 assistance to States and local governments request3 ing support to develop and implement the strategic 

4 plan required under subsection (a)(6). 

5 ‘‘(2) PROTECTION OF CONSTITUTIONAL

6 RIGHTS.—Not later than 90 days after the date of 

7 enactment of this subsection, the Attorney General 

8 shall begin to provide technical assistance to States 

9 and local governments, including any agent thereof 

10 with responsibility for administration of justice, re11 questing support to meet the obligations established 

12 by the Sixth Amendment to the Constitution of the 

13 United States, which shall include— 

14 ‘‘(A) public dissemination of practices, 

15 structures, or models for the administration of 

16 justice consistent with the requirements of the 

17 Sixth Amendment; and 

18 ‘‘(B) assistance with adopting and imple19 menting a system for the administration of jus20 tice consistent with the requirements of the 

21 Sixth Amendment. 

22 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated $5,000,000 

24 for each of fiscal years 2012 through 2016 to carry 

25 out this subsection.’’. 


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1 (c) PROTECTION OF CONSTITUTIONAL RIGHTS.— 

2 (1) UNLAWFUL CONDUCT.—It shall be unlawful 

3 for any governmental authority, or any agent there4 of, or any person acting on behalf of a governmental 

5 authority, to engage in a pattern or practice of con6 duct by officials or employees of any governmental 

7 agency with responsibility for the administration of 

8 justice, including the administration of programs or 

9 services that provide appointed counsel to indigent 

10 defendants, that deprives persons of their rights to 

11 assistance of counsel as protected under the Sixth 

12 Amendment and Fourteenth Amendment to the 

13 Constitution of the United States. 

14 (2) CIVIL ACTION BY ATTORNEY GENERAL.— 

15 Whenever the Attorney General has reasonable cause 

16 to believe that a violation of paragraph (1) has oc17 curred, the Attorney General, for or in the name of 

18 the United States, may, in a civil action, obtain ap19 propriate equitable and declaratory relief to elimi20 nate the pattern or practice. 

21 (3) EFFECTIVE DATE.—This subsection shall 

22 take effect 2 years after the date of enactment of 

23 this Act. 

Æ 


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