II 

108TH CONGRESS 

1ST SESSION S. 1700

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 

OCTOBER 1, 2003

Mr. HATCH (for himself, Mr. BIDEN, Mr. SPECTER, Mr. LEAHY, Mr. 

DEWINE, Mrs. FEINSTEIN, Mr. SMITH, Mr. KENNEDY, Ms. COLLINS, 

Mr. SCHUMER, Mr. WARNER, Mr. DURBIN, Mr. CAMPBELL, Mr. KOHL, 

Mrs. CLINTON, Ms. CANTWELL, Mrs. MURRAY, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

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 
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improve the performance of counsel in State capital 

cases, and for other purposes.

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Advancing Justice Through DNA Technology Act of 

6 2003’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 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 
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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.

1 TITLE I—RAPE KITS AND DNA 

2 EVIDENCE BACKLOG ELIMI3 NATION ACT OF 2003

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Rape Kits and DNA 

6 Evidence Backlog Elimination Act of 2003’’. 

7 SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 

8 (a) DESIGNATION OF PROGRAM; ELIGIBILITY OF

9 LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the 

10 DNA Analysis Backlog Elimination Act of 2000 (42 

11 U.S.C. 14135) is amended—

12 (1) by amending the heading to read as follows: 

13 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO14 GRAM.’’; 

15 (2) in subsection (a)—

16 (A) in the matter preceding paragraph 

17 (1)—
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1 (i) by inserting ‘‘or units of local gov2 ernment’’ after ‘‘eligible States’’; and 

3 (ii) by inserting ‘‘or unit of local gov4 ernment’’ after ‘‘State’’; 

5 (B) in paragraph (2), by inserting before 

6 the period at the end the following: ‘‘, including 

7 samples from rape kits, samples from other sex8 ual assault evidence, and samples taken in cases 

9 without an identified suspect’’; and 

10 (C) in paragraph (3), by striking ‘‘within 

11 the State’’; 

12 (3) in subsection (b)—

13 (A) in the matter preceding paragraph 

14 (1)—

15 (i) by inserting ‘‘or unit of local gov16 ernment’’ after ‘‘State’’ both places that 

17 term appears; and 

18 (ii) by inserting ‘‘, as required by the 

19 Attorney General’’ after ‘‘application 

20 shall’’; 

21 (B) in paragraph (1), by inserting ‘‘or unit 

22 of local government’’ after ‘‘State’’; 

23 (C) in paragraph (3), by inserting ‘‘or unit 

24 of local government’’ after ‘‘State’’ the first 

25 place that term appears; 
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1 (D) in paragraph (4)—

2 (i) by inserting ‘‘or unit of local gov3 ernment’’ after ‘‘State’’; and 

4 (ii) by striking ‘‘and’’ at the end; 

5 (E) in paragraph (5)—

6 (i) by inserting ‘‘or unit of local gov7 ernment’’ after ‘‘State’’; and 

8 (ii) by striking the period at the end 

9 and inserting a semicolon; and 

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

11 ‘‘(6) if submitted by a unit of local government, 

12 certify that the unit of local government has taken, 

13 or is taking, all necessary steps to ensure that it is 

14 eligible to include, directly or through a State law 

15 enforcement agency, all analyses of samples for 

16 which it has requested funding in the Combined 

17 DNA Index System; and’’; 

18 (4) in subsection (d)—

19 (A) in paragraph (1)—

20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘The plan’’ and in22 serting ‘‘A plan pursuant to subsection 

23 (b)(1)’’; 

24 (ii) in subparagraph (A), by striking 

25 ‘‘within the State’’; and 
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1 (iii) in subparagraph (B), by striking 

2 ‘‘within the State’’; and 

3 (B) in paragraph (2)(A), by inserting ‘‘and 

4 units of local government’’ after ‘‘States’’;

5 (5) in subsection (e)—

6 (A) in paragraph (1), by inserting ‘‘or local 

7 government’’ after ‘‘State’’ both places that 

8 term appears; and 

9 (B) in paragraph (2), by inserting ‘‘or unit 

10 of local government’’ after ‘‘State’’; 

11 (6) in subsection (f), in the matter preceding 

12 paragraph (1), by inserting ‘‘or unit of local govern13 ment’’ after ‘‘State’’; 

14 (7) in subsection (g)—

15 (A) in paragraph (1), by inserting ‘‘or unit 

16 of local government’’ after ‘‘State’’; and 

17 (B) in paragraph (2), by inserting ‘‘or 

18 units of local government’’ after ‘‘States’’; and 

19 (8) in subsection (h), by inserting ‘‘or unit of 

20 local government’’ after ‘‘State’’ both places that 

21 term appears. 

22 (b) REAUTHORIZATION AND EXPANSION OF PRO23 GRAM.—Section 2 of the DNA Analysis Backlog Elimi24 nation Act of 2000 (42 U.S.C. 14135) is amended—

25 (1) in subsection (a)—
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1 (A) in paragraph (3), by inserting ‘‘(1) or’’ 

2 before ‘‘(2)’’; and 

3 (B) by inserting at the end the following: 

4 ‘‘(4) To collect DNA samples specified in para5 graph (1). 

6 ‘‘(5) To ensure that DNA testing and analysis 

7 of samples from crimes, including sexual assault and 

8 other serious violent crimes, are carried out in a 

9 timely manner.’’; 

10 (2) in subsection (b), as amended by this sec11 tion, by inserting at the end the following: 

12 ‘‘(7) specify that portion of grant amounts that 

13 the State or unit of local government shall use for 

14 the purpose specified in subsection (a)(4).’’; 

15 (3) by amending subsection (c) to read as fol16 lows: 

17 ‘‘(c) FORMULA FOR DISTRIBUTION OF GRANTS.—

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

19 distribute grant amounts, and establish appropriate 

20 grant conditions under this section, in conformity 

21 with a formula or formulas that are designed to ef22 fectuate a distribution of funds among eligible 

23 States and units of local government that—
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1 ‘‘(A) maximizes the effective utilization of 

2 DNA technology to solve crimes and protect 

3 public safety; and 

4 ‘‘(B) allocates grants among eligible enti5 ties fairly and efficiently to address areas where 

6 significant backlogs exist, by considering—

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

9 jurisdiction; 

10 ‘‘(ii) the population in the jurisdiction; 

11 and 

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

13 crimes in the jurisdiction. 

14 ‘‘(2) MINIMUM AMOUNT.—The Attorney Gen15 eral shall allocate to each State not less than 0.50 

16 percent of the total amount appropriated in a fiscal 

17 year for grants under this section, except that the 

18 United States Virgin Islands, American Samoa, 

19 Guam, and the Northern Mariana Islands shall each 

20 be allocated 0.125 percent of the total appropriation. 

21 ‘‘(3) LIMITATION.—Grant amounts distributed 

22 under paragraph (1) shall be awarded to conduct 

23 DNA analyses of samples from casework or from 

24 victims of crime under subsection (a)(2) in accord25 ance with the following limitations: 
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1 ‘‘(A) For fiscal year 2005, not less than 50 

2 percent of the grant amounts shall be awarded 

3 for purposes under subsection (a)(2). 

4 ‘‘(B) For fiscal year 2006, not less than 

5 50 percent of the grant amounts shall be 

6 awarded for purposes under subsection (a)(2). 

7 ‘‘(C) For fiscal year 2007, not less than 45 

8 percent of the grant amounts shall be awarded 

9 for purposes under subsection (a)(2). 

10 ‘‘(D) For fiscal year 2008, not less than 

11 40 percent of the grant amounts shall be 

12 awarded for purposes under subsection (a)(2). 

13 ‘‘(E) For fiscal year 2009, not less than 40 

14 percent of the grant amounts shall be awarded 

15 for purposes under subsection (a)(2).’’; 

16 (4) in subsection (g)—

17 (A) in paragraph (1), by striking ‘‘and’’ at 

18 the end; 

19 (B) in paragraph (2), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

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

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

23 awarding grants among eligible States and units of 

24 local government, and how such plan will ensure the 
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1 effective use of DNA technology to solve crimes and 

2 protect public safety.’’; 

3 (5) in subsection (j), by striking paragraphs (1) 

4 and (2) and inserting the following: 

5 ‘‘(1) $151,000,000 for fiscal year 2005; 

6 ‘‘(2) $151,000,000 for fiscal year 2006; 

7 ‘‘(3) $151,000,000 for fiscal year 2007; 

8 ‘‘(4) $151,000,000 for fiscal year 2008; and 

9 ‘‘(5) $151,000,000 for fiscal year 2009.’’; and 

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

11 ‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU12 DITS.—The Attorney General may distribute not more 

13 than 1 percent of the grant amounts under subsection 

14 (j)—

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

16 defray the costs incurred by laboratories operated by 

17 each such State or unit of local government in pre18 paring for accreditation or reaccreditation; 

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

20 units of local government, or nonprofit professional 

21 organizations of persons actively involved in forensic 

22 science and nationally recognized within the forensic 

23 science community—

24 ‘‘(A) to defray the costs of external audits 

25 of laboratories operated by such State or unit 
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1 of local government, which are participating in 

2 the National DNA Index System in order to en3 sure compliance with quality assurance stand4 ards;

5 ‘‘(B) to assess compliance with any plans 

6 submitted to the National Institute of Justice, 

7 which detail the use of funds received by States 

8 or units of local government under this Act; 

9 and 

10 ‘‘(C) to support future capacity building 

11 efforts; and 

12 ‘‘(3) in the form of additional grants to non13 profit professional associations actively involved in 

14 forensic science and nationally recognized within the 

15 forensic science community to defray the costs of 

16 training persons who conduct external audits of lab17 oratories operated by States and units of local gov18 ernment and which participate in the National DNA 

19 Index System. 

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

21 In the event that a laboratory operated by a State or unit 

22 of local government which has received funds under this 

23 Act, has undergone an external audit conducted in order 

24 to demonstrate compliance with standards established by 

25 the Director of the Federal Bureau of Investigation, and, 
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1 as a result of such audit, identifies measures to remedy 

2 deficiencies with respect to the compliance by the labora3 tory with such standards, the State or unit of local govern4 ment shall implement any such remediation as soon as 

5 practicable.’’. 

6 SEC. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM. 

7 (a) INCLUSION OF ALL DNA SAMPLES FROM

8 STATES.—Section 210304(a)(1) of the DNA Identifica9 tion Act of 1994 (42 U.S.C. 14132(a)(1)) is amended by 

10 striking ‘‘of persons convicted of crimes;’’ and inserting 

11 the following: ‘‘of—

12 ‘‘(A) persons convicted of crimes; and 

13 ‘‘(B) other persons whose DNA samples 

14 are collected under applicable legal authorities, 

15 provided that DNA profiles from DNA samples 

16 that are voluntarily submitted solely for elimi17 nation purposes shall not be included in the 

18 Combined DNA Index System;’’. 

19 (b) FELONS CONVICTED OF FEDERAL CRIMES.—

20 Section 3(d) of the DNA Analysis Backlog Elimination 

21 Act of 2000 (42 U.S.C. 14135a(d)) is amended to read 

22 as follows: 

23 ‘‘(d) QUALIFYING FEDERAL OFFENSES.—The of24 fenses that shall be treated for purposes of this section 
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1 as qualifying Federal offenses are the following offenses, 

2 as determined by the Attorney General: 

3 ‘‘(1) Any felony. 

4 ‘‘(2) Any offense under chapter 109A of title 

5 18, United States Code. 

6 ‘‘(3) Any crime of violence (as that term is de7 fined in section 16 of title 18, United States Code). 

8 ‘‘(4) Any attempt or conspiracy to commit any 

9 of the offenses in paragraphs (1) through (3).’’. 

10 (c) MILITARY OFFENSES.—Section 1565(d) of title 

11 10, United States Code, is amended to read as follows: 

12 ‘‘(d) QUALIFYING MILITARY OFFENSES.—The of13 fenses that shall be treated for purposes of this section 

14 as qualifying military offenses are the following offenses, 

15 as determined by the Secretary of Defense, in consultation 

16 with the Attorney General: 

17 ‘‘(1) Any offense under the Uniform Code of 

18 Military Justice for which a sentence of confinement 

19 for more than one year may be imposed. 

20 ‘‘(2) Any other offense under the Uniform Code 

21 of Military Justice that is comparable to a qualifying 

22 Federal offense (as determined under section 3(d) of 

23 the DNA Analysis Backlog Elimination Act of 2000 

24 (42 U.S.C. 14135a(d)).’’. 
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1 SEC. 104. TOLLING OF STATUTE OF LIMITATIONS. 

2 (a) IN GENERAL.—Chapter 213 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 3297. Cases involving DNA evidence 

6 ‘‘In a case in which DNA testing implicates an identi7 fied person in the commission of a felony, except for a 

8 felony offense under chapter 109A, no statute of limita9 tions that would otherwise preclude prosecution of the of10 fense shall preclude such prosecution until a period of time 

11 following the implication of the person by DNA testing 

12 has elapsed that is equal to the otherwise applicable limi13 tation period.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 for chapter 213 of title 18, United States Code, is amend16 ed by adding at the end the following:

‘‘3297. Cases involving DNA evidence.’’.

17 (c) APPLICATION.—The amendments made by this 

18 section shall apply to the prosecution of any offense com19 mitted before, on, or after the date of the enactment of 

20 this section if the applicable limitation period has not yet 

21 expired.

22 SEC. 105. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. 

23 Section 1201 of the Violence Against Women Act of 

24 2000 (42 U.S.C. 3796gg–6) is amended—
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1 (1) in subsection (a), by inserting ‘‘dating vio2 lence,’’ after ‘‘domestic violence,’’; 

3 (2) in subsection (b)—

4 (A) by redesignating paragraphs (1) 

5 through (3) as paragraphs (2) through (4), re6 spectively; 

7 (B) by inserting before paragraph (2), as 

8 redesignated by subparagraph (A), the fol9 lowing: 

10 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio11 lence’ means violence committed by a person who is 

12 or has been in a social relationship of a romantic or 

13 intimate nature with the victim. The existence of 

14 such a relationship shall be determined based on a 

15 consideration of—

16 ‘‘(A) the length of the relationship; 

17 ‘‘(B) the type of relationship; and 

18 ‘‘(C) the frequency of interaction between 

19 the persons involved in the relationship.’’; and 

20 (C) in paragraph (3), as redesignated by 

21 subparagraph (A), by inserting ‘‘dating vio22 lence,’’ after ‘‘domestic violence,’’; 

23 (3) in subsection (c)—

24 (A) in paragraph (1)—
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1 (i) by inserting ‘‘, dating violence,’’ 

2 after ‘‘between domestic violence’’; and 

3 (ii) by inserting ‘‘dating violence,’’ 

4 after ‘‘victims of domestic violence,’’;

5 (B) in paragraph (2), by inserting ‘‘dating 

6 violence,’’ after ‘‘domestic violence,’’; and 

7 (C) in paragraph (3), by inserting ‘‘dating 

8 violence,’’ after ‘‘domestic violence,’’; 

9 (4) in subsection (d)—

10 (A) in paragraph (1), by inserting ‘‘, dat11 ing violence,’’ after ‘‘domestic violence’’; 

12 (B) in paragraph (2), by inserting ‘‘, dat13 ing violence,’’ after ‘‘domestic violence’’; 

14 (C) in paragraph (3), by inserting ‘‘, dat15 ing violence,’’ after ‘‘domestic violence’’; and 

16 (D) in paragraph (4), by inserting ‘‘dating 

17 violence,’’ after ‘‘domestic violence,’’; 

18 (5) in subsection (e), by inserting ‘‘dating vio19 lence,’’ after ‘‘domestic violence,’’; and 

20 (6) in subsection (f)(2)(A), by inserting ‘‘dating 

21 violence,’’ after ‘‘domestic violence,’’. 
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1 SEC. 106. ENSURING PRIVATE LABORATORY ASSISTANCE IN 

2 ELIMINATING DNA BACKLOG. 

3 Section 2(d)(3) of the DNA Analysis Backlog Elimi4 nation Act of 2000 (42 U.S.C. 14135(d)(3)) is amended 

5 to read as follows: 

6 ‘‘(3) USE OF VOUCHERS OR CONTRACTS FOR

7 CERTAIN PURPOSES.—

8 ‘‘(A) IN GENERAL.—A grant for the pur9 poses specified in paragraph (1), (2), or (5) of 

10 subsection (a) may be made in the form of a 

11 voucher or contract for laboratory services. 

12 ‘‘(B) REDEMPTION.—A voucher or con13 tract under subparagraph (A) may be redeemed 

14 at a laboratory operated on a for-profit basis by 

15 a private entity that satisfies quality assurance 

16 standards and has been approved by the Attor17 ney General. 

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

19 may use amounts authorized under subsection 

20 (j) to make payments to a laboratory described 

21 under subparagraph (B) for the collection of 

22 DNA samples or DNA analysis of samples from 

23 casework.’’. 
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1 TITLE II—DNA SEXUAL ASSAULT 

2 JUSTICE ACT OF 2003

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘DNA Sexual Assault 

5 Justice Act of 2003’’. 

6 SEC. 202. ENSURING PUBLIC CRIME LABORATORY COMPLI7 ANCE WITH FEDERAL STANDARDS. 

8 Section 210304(b)(2) of the DNA Identification Act 

9 of 1994 (42 U.S.C. 14132(b)(2)), is amended to read as 

10 follows: 

11 ‘‘(2) prepared by laboratories that—

12 ‘‘(A) not later than 2 years after the date 

13 of enactment of the DNA Sexual Assault Jus14 tice Act of 2003, have been accredited by a 

15 nonprofit professional association of persons ac16 tively involved in forensic science that is nation17 ally recognized within the forensic science com18 munity; and 

19 ‘‘(B) undergo external audits, not less than 

20 once every 2 years, that demonstrate compli21 ance with standards established by the Director 

22 of the Federal Bureau of Investigation; and’’. 
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1 SEC. 203. DNA TRAINING AND EDUCATION FOR LAW EN2 FORCEMENT, CORRECTIONAL PERSONNEL, 

3 AND COURT OFFICERS. 

4 (a) IN GENERAL.—The Attorney General shall make 

5 grants to States and units of local government to provide 

6 training, technical assistance, education, and information 

7 relating to the identification, collection, preservation, anal8 ysis, and use of DNA samples and DNA evidence by—

9 (1) law enforcement personnel, including police 

10 officers and other first responders, evidence techni11 cians, investigators, and others who collect or exam12 ine evidence of crime; 

13 (2) court officers, including State and local 

14 prosecutors, defense lawyers, and judges; 

15 (3) forensic science professionals; and 

16 (4) corrections personnel, including prison and 

17 jail personnel, and probation, parole, and other offi18 cers involved in supervision. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated $12,500,000 for each 

21 of the fiscal years 2005 through 2009 to carry out this 

22 section. 

23 SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 

24 GRANTS. 

25 (a) IN GENERAL.—The Attorney General shall make 

26 grants to eligible entities to provide training, technical as-
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1 sistance, education, equipment, and information relating 

2 to the identification, collection, preservation, analysis, and 

3 use of DNA samples and DNA evidence by medical per4 sonnel and other personnel, including doctors, medical ex5 aminers, coroners, nurses, victim service providers, and 

6 other professionals involved in treating victims of sexual 

7 assault and sexual assault examination programs, includ8 ing SANE (Sexual Assault Nurse Examiner), SAFE (Sex9 ual Assault Forensic Examiner), and SART (Sexual As10 sault Response Team). 

11 (b) ELIGIBLE ENTITY.—For purposes of this section, 

12 the term ‘‘eligible entity’’ includes—

13 (1) States; 

14 (2) units of local government; and 

15 (3) sexual assault examination programs, in16 cluding—

17 (A) sexual assault nurse examiner (SANE) 

18 programs; 

19 (B) sexual assault forensic examiner 

20 (SAFE) programs; 

21 (C) sexual assault response team (SART) 

22 programs; and 

23 (D) State sexual assault coalitions. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated $30,000,000 for each 
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1 of the fiscal years 2005 through 2009 to carry out this 

2 section. 

3 SEC. 205. DNA RESEARCH AND DEVELOPMENT. 

4 (a) IMPROVING DNA TECHNOLOGY.—The Attorney 

5 General shall make grants to States and units of local gov6 ernment for research and development to improve forensic 

7 DNA technology, including increasing the identification

8 accuracy and efficiency of DNA analysis, decreasing time 

9 and expense, and increasing portability. 

10 (b) DEMONSTRATION PROJECTS.—The Attorney 

11 General shall conduct research through grants for dem12 onstration projects involving coordinated training and 

13 commitment of resources to law enforcement agencies and 

14 key criminal justice participants to demonstrate and 

15 evaluate the use of forensic DNA technology in conjunc16 tion with other forensic tools. The demonstration projects 

17 shall include scientific evaluation of the public safety bene18 fits, improvements to law enforcement operations, and 

19 cost-effectiveness of increased collection and use of DNA 

20 evidence. 

21 (c) NATIONAL FORENSIC SCIENCE COMMISSION.—

22 (1) APPOINTMENT.—The Attorney General 

23 shall appoint a National Forensic Science Commis24 sion (in this section referred to as the ‘‘Commis25 sion’’), composed of persons experienced in criminal 
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1 justice issues, including persons from the forensic 

2 science and criminal justice communities, to carry 

3 out the responsibilities under paragraph (2). 

4 (2) RESPONSIBILITIES.—The Commission 

5 shall—

6 (A) assess the present and future resource 

7 needs of the forensic science community; 

8 (B) make recommendations to the Attor9 ney General for maximizing the use of forensic 

10 technologies and techniques to solve crimes and 

11 protect the public; 

12 (C) identify potential scientific advances 

13 that may assist law enforcement in using foren14 sic technologies and techniques to protect the 

15 public; 

16 (D) make recommendations to the Attor17 ney General for programs that will increase the 

18 number of qualified forensic scientists available 

19 to work in public crime laboratories; 

20 (E) disseminate, through the National In21 stitute of Justice, best practices concerning the 

22 collection and analyses of forensic evidence to 

23 help ensure quality and consistency in the use 

24 of forensic technologies and techniques to solve 

25 crimes and protect the public; 
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1 (F) examine additional issues pertaining to 

2 forensic science as requested by the Attorney 

3 General; 

4 (G) examine Federal, State, and local pri5 vacy protection statutes, regulations, and prac6 tices relating to access to, or use of, stored 

7 DNA samples or DNA analyses, to determine 

8 whether such protections are sufficient; 

9 (H) make specific recommendations to the 

10 Attorney General, as necessary, to enhance the 

11 protections described in subparagraph (G) to 

12 ensure—

13 (i) the appropriate use and dissemina14 tion of DNA information; 

15 (ii) the accuracy, security, and con16 fidentiality of DNA information; 

17 (iii) the timely removal and destruc18 tion of obsolete, expunged, or inaccurate 

19 DNA information; and 

20 (iv) that any other necessary meas21 ures are taken to protect privacy; and 

22 (I) provide a forum for the exchange and 

23 dissemination of ideas and information in fur24 therance of the objectives described in subpara25 graphs (A) through (H). 
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1 (3) PERSONNEL; PROCEDURES.—The Attorney 

2 General shall—

3 (A) designate the Chair of the Commission 

4 from among its members; 

5 (B) designate any necessary staff to assist 

6 in carrying out the functions of the Commis7 sion; and 

8 (C) establish procedures and guidelines for 

9 the operations of the Commission. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated $15,000,000 for each 

12 of the fiscal years 2005 through 2009 to carry out this 

13 section.

14 SEC. 206. FBI DNA PROGRAMS. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Federal Bureau 

17 of Investigation $42,100,000 for each of the fiscal years 

18 2005 through 2009 to carry out the DNA programs and 

19 activities described under subsection (b). 

20 (b) PROGRAMS AND ACTIVITIES.—The Federal Bu21 reau of Investigation may use any amounts appropriated 

22 pursuant to subsection (a) for— 

23 (1) nuclear DNA analysis; 

24 (2) mitochondrial DNA analysis; 

25 (3) regional mitochondrial DNA laboratories; 
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1 (4) the Combined DNA Index System; 

2 (5) the Federal Convicted Offender DNA Pro3 gram; and 

4 (6) DNA research and development. 

5 SEC. 207. DNA IDENTIFICATION OF MISSING PERSONS. 

6 (a) IN GENERAL.—The Attorney General shall make 

7 grants to States and units of local government to promote 

8 the use of forensic DNA technology to identify missing 

9 persons and unidentified human remains. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated $2,000,000 for each of 

12 the fiscal years 2005 through 2009 to carry out this sec13 tion. 

14 SEC. 208. ENHANCED CRIMINAL PENALTIES FOR UNAU15 THORIZED DISCLOSURE OR USE OF DNA IN16 FORMATION. 

17 Section 10(c) of the DNA Analysis Backlog Elimi18 nation Act of 2000 (42 U.S.C. 14135e(c)) is amended to 

19 read as follows: 

20 ‘‘(c) CRIMINAL PENALTY.—A person who knowingly 

21 discloses a sample or result described in subsection (a) in 

22 any manner to any person not authorized to receive it, 

23 or obtains or uses, without authorization, such sample or 

24 result, shall be fined not more than $100,000. Each in-
26

•S 1700 IS 

1 stance of disclosure, obtaining, or use shall constitute a 

2 separate offense under this subsection.’’. 

3 SEC. 209. TRIBAL COALITION GRANTS. 

4 Section 2001 of title I of the Omnibus Crime Control 

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

6 amended by adding at the end the following:

7 ‘‘(d) TRIBAL COALITION GRANTS.—

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

9 award grants to tribal domestic violence and sexual 

10 assault coalitions for purposes of—

11 ‘‘(A) increasing awareness of domestic vio12 lence and sexual assault against Indian women; 

13 ‘‘(B) enhancing the response to violence 

14 against Indian women at the tribal, Federal, 

15 and State levels; and 

16 ‘‘(C) identifying and providing technical 

17 assistance to coalition membership and tribal 

18 communities to enhance access to essential serv19 ices to Indian women victimized by domestic 

20 and sexual violence. 

21 ‘‘(2) GRANTS TO TRIBAL COALITIONS.—The At22 torney General shall award grants under paragraph 

23 (1) to—

24 ‘‘(A) established nonprofit, nongovern25 mental tribal coalitions addressing domestic vio-
27

•S 1700 IS 

1 lence and sexual assault against Indian women; 

2 and 

3 ‘‘(B) individuals or organizations that pro4 pose to incorporate as nonprofit, nongovern5 mental tribal coalitions to address domestic vio6 lence and sexual assault against Indian women. 

7 ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Re8 ceipt of an award under this subsection by tribal do9 mestic violence and sexual assault coalitions shall 

10 not preclude the coalition from receiving additional 

11 grants under this title to carry out the purposes de12 scribed in subsection (b).’’. 

13 SEC. 210. EXPANSION OF PAUL COVERDELL FORENSIC 

14 SCIENCES IMPROVEMENT GRANT PROGRAM. 

15 (a) FORENSIC BACKLOG ELIMINATION GRANTS.—

16 Section 2804 of the Omnibus Crime Control and Safe 

17 Streets Act of 1968 (42 U.S.C. 3797m) is amended—

18 (1) in subsection (a)—

19 (A) by striking ‘‘shall use the grant to 

20 carry out’’ and inserting ‘‘shall use the grant 

21 to— 

22 ‘‘(1) carry out’’; 

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

24 inserting a semicolon; and 

25 (C) by adding at the end the following: 
28

•S 1700 IS 

1 ‘‘(2) eliminate a backlog in the analysis of fo2 rensic science evidence, including firearms examina3 tion, latent prints, toxicology, controlled substances, 

4 forensic pathology, questionable documents, and 

5 trace evidence; and 

6 ‘‘(3) train, assist, and employ forensic labora7 tory personnel, as needed, to eliminate a forensic 

8 evidence backlog.’’; 

9 (2) in subsection (b), by striking ‘‘under this 

10 part’’ and inserting ‘‘for the purpose set forth in 

11 subsection (a)(1)’’; and 

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

13 ‘‘(e) DEFINED TERM.—As used in this section, the 

14 term ‘forensic evidence backlog’ means forensic evidence 

15 that—

16 ‘‘(1) has been stored in a laboratory, medical 

17 examiner’s office, or coroner’s office; and 

18 ‘‘(2) has not been subjected to all appropriate 

19 forensic testing because of a lack of resources or 

20 personnel.’’. 

21 (b) EXTERNAL AUDITS.—Section 2802 of the Omni22 bus Crime Control and Safe Streets Act of 1968 (42 

23 U.S.C. 3797k) is amended—

24 (1) in paragraph (2), by striking the ‘‘and’’ at 

25 the end; 
29

•S 1700 IS 

1 (2) in paragraph (3), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(4) a certification that a government entity ex5 ists and an appropriate process is in place to con6 duct independent external investigations into allega7 tions of serious negligence or misconduct substan8 tially affecting the integrity of the forensic results 

9 committed by employees or contractors of any foren10 sic laboratory system, medical examiner’s office, or 

11 coroner’s office in the State that will receive a por12 tion of the grant amount.’’. 

13 (c) THREE-YEAR EXTENSION OF AUTHORIZATION OF

14 APPROPRIATIONS.—Section 1001(a)(24) of the Omnibus 

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

16 3793(a)(24)) is amended—

17 (1) in subparagraph (E), by striking the ‘‘and’’ 

18 at the end; 

19 (2) in subparagraph (F), by striking the period 

20 at the end and inserting a semicolon; and 

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

22 ‘‘(G) $20,000,000 for fiscal year 2007; 

23 ‘‘(H) $20,000,000 for fiscal year 2008; and 

24 ‘‘(I) $20,000,000 for fiscal year 2009.’’. 
30

•S 1700 IS 

1 SEC. 211. REPORT TO CONGRESS. 

2 (a) IN GENERAL.—Not later than 2 years after the 

3 date of enactment of this Act, the Attorney General shall 

4 submit to Congress a report on the implementation of this 

5 Act. 

6 (b) CONTENTS.—The report submitted under sub7 section (a) shall include a description of—

8 (1) the progress made by Federal, State, and 

9 local entities in—

10 (A) collecting and entering DNA samples 

11 from offenders convicted of qualifying offenses 

12 for inclusion in the Combined DNA Index Sys13 tem (referred to in this subsection as 

14 ‘‘CODIS’’); 

15 (B) analyzing samples from crime scenes, 

16 including evidence collected from sexual as17 saults and other serious violent crimes, and en18 tering such DNA analyses in CODIS; and 

19 (C) increasing the capacity of forensic lab20 oratories to conduct DNA analyses; 

21 (2) the priorities and plan for awarding grants 

22 among eligible States and units of local government 

23 to ensure that the purposes of this Act are carried 

24 out; 

25 (3) the distribution of grant amounts under this 

26 Act among eligible States and local governments, 
31

•S 1700 IS 

1 and whether the distribution of such funds has 

2 served the purposes of the Debbie Smith DNA 

3 Backlog Grant Program;

4 (4) grants awarded and the use of such grants 

5 by eligible entities for DNA training and education 

6 programs for law enforcement, correctional per7 sonnel, court officers, medical personnel, victim serv8 ice providers, and other personnel authorized under 

9 sections 203 and 204; 

10 (5) grants awarded and the use of such grants 

11 by eligible entities to conduct DNA research and de12 velopment programs to improve forensic DNA tech13 nology, and implement demonstration projects under 

14 section 205; 

15 (6) the steps taken to establish the National 

16 Forensic Science Commission, and the activities of 

17 the Commission under section 205(c); 

18 (7) the use of funds by the Federal Bureau of 

19 Investigation under section 206; 

20 (8) grants awarded and the use of such grants 

21 by eligible entities to promote the use of forensic 

22 DNA technology to identify missing persons and un23 identified human remains under section 207; 
32

•S 1700 IS 

1 (9) grants awarded and the use of such grants 

2 by eligible entities to eliminate forensic science back3 logs under section 210; 

4 (10) State compliance with the requirements set 

5 forth in section 313; and 

6 (11) any other matters considered relevant by 

7 the Attorney General. 

8 TITLE III—INNOCENCE 

9 PROTECTION ACT OF 2003

10 SEC. 301. SHORT TITLE. 

11 This title may be cited as the ‘‘Innocence Protection 

12 Act of 2003’’. 

13 Subtitle A—Exonerating the 

14 Innocent Through DNA Testing 

15 SEC. 311. FEDERAL POST-CONVICTION DNA TESTING. 

16 (a) FEDERAL CRIMINAL PROCEDURE.—

17 (1) IN GENERAL.—Part II of title 18, United 

18 States Code, is amended by inserting after chapter 

19 228 the following:

20 ‘‘CHAPTER 228A—POST-CONVICTION DNA 

21 TESTING

‘‘Sec. 

‘‘3600. DNA testing. 

‘‘3600A. Prohibition on destruction of biological evidence.

22 ‘‘§ 3600. DNA testing 

23 ‘‘(a) IN GENERAL.—Upon a written motion by an in24 dividual under a sentence of imprisonment or death pursu-
33

•S 1700 IS 

1 ant to a conviction for a Federal offense (referred to in 

2 this section as the ‘applicant’), the court that entered the 

3 judgment of conviction shall order DNA testing of specific 

4 evidence if—

5 ‘‘(1) the applicant asserts, under penalty of per6 jury, that the applicant is actually innocent of—

7 ‘‘(A) the Federal offense for which the ap8 plicant is under a sentence of imprisonment or 

9 death; or 

10 ‘‘(B) another Federal or State offense, if—

11 ‘‘(i)(I) such offense was legally nec12 essary to make the applicant eligible for a 

13 sentence as a career offender under section 

14 3559(e) or an armed career offender under 

15 section 924(e), and exoneration of such of16 fense would entitle the applicant to a re17 duced sentence; or 

18 ‘‘(II) evidence of such offense was ad19 mitted during a Federal death sentencing 

20 hearing and exoneration of such offense 

21 would entitle the applicant to a reduced 

22 sentence or new sentencing hearing; and 

23 ‘‘(ii) in the case of a State offense—

24 ‘‘(I) the applicant demonstrates 

25 that there is no adequate remedy 
34

•S 1700 IS 

1 under State law to permit DNA test2 ing of the specified evidence relating 

3 to the State offense; and 

4 ‘‘(II) to the extent available, the 

5 applicant has exhausted all remedies 

6 available under State law for request7 ing DNA testing of specified evidence 

8 relating to the State offense; 

9 ‘‘(2) the specific evidence to be tested was se10 cured in relation to the investigation or prosecution 

11 of the Federal or State offense referenced in the ap12 plicant’s assertion under paragraph (1); 

13 ‘‘(3) the specific evidence to be tested—

14 ‘‘(A) was not previously subjected to DNA 

15 testing and the applicant did not knowingly and 

16 voluntarily waive the right to request DNA test17 ing of that evidence in a court proceeding after 

18 the date of enactment of the Innocence Protec19 tion Act of 2003; or 

20 ‘‘(B) was previously subjected to DNA 

21 testing and the applicant is requesting DNA 

22 testing using a new method or technology that 

23 is substantially more probative than the prior 

24 DNA testing; 
35

•S 1700 IS 

1 ‘‘(4) the specific evidence to be tested is in the 

2 possession of the Government and has been subject 

3 to a chain of custody and retained under conditions 

4 sufficient to ensure that such evidence has not been 

5 substituted, contaminated, tampered with, replaced, 

6 or altered in any respect material to the proposed 

7 DNA testing; 

8 ‘‘(5) the proposed DNA testing is reasonable in 

9 scope, uses scientifically sound methods, and is con10 sistent with accepted forensic practices; 

11 ‘‘(6) the applicant identifies a theory of defense 

12 that—

13 ‘‘(A) is not inconsistent with an affirmative 

14 defense presented at trial; and 

15 ‘‘(B) would establish the actual innocence 

16 of the applicant of the Federal or State offense 

17 referenced in the applicant’s assertion under 

18 paragraph (1); 

19 ‘‘(7) if the applicant was convicted following a 

20 trial, the identity of the perpetrator was at issue in 

21 the trial; 

22 ‘‘(8) the proposed DNA testing of the specific 

23 evidence—
36

•S 1700 IS 

1 ‘‘(A) would produce new material evidence 

2 to support the theory of defense referenced in 

3 paragraph (6); and 

4 ‘‘(B) assuming the DNA test result ex5 cludes the applicant, would raise a reasonable 

6 probability that the applicant did not commit 

7 the offense;

8 ‘‘(9) the applicant certifies that the applicant 

9 will provide a DNA sample for purposes of compari10 son; and 

11 ‘‘(10) the applicant’s motion is filed for the 

12 purpose of demonstrating the applicant’s actual in13 nocence of the Federal or State offense, and not to 

14 delay the execution of the sentence or the adminis15 tration of justice. 

16 ‘‘(b) NOTICE TO THE GOVERNMENT; PRESERVATION

17 ORDER; APPOINTMENT OF COUNSEL.—

18 ‘‘(1) NOTICE.—Upon the receipt of a motion 

19 filed under subsection (a), the court shall—

20 ‘‘(A) notify the Government; and 

21 ‘‘(B) allow the Government a reasonable 

22 time period to respond to the motion. 

23 ‘‘(2) PRESERVATION ORDER.—To the extent 

24 necessary to carry out proceedings under this sec25 tion, the court shall direct the Government to pre-
37

•S 1700 IS 

1 serve the specific evidence relating to a motion under 

2 subsection (a). 

3 ‘‘(3) APPOINTMENT OF COUNSEL.—The court 

4 may appoint counsel for an indigent applicant under 

5 this section in the same manner as in a proceeding 

6 under section 3006A(a)(2)(B). 

7 ‘‘(c) TESTING PROCEDURES.—

8 ‘‘(1) IN GENERAL.—The court shall direct that 

9 any DNA testing ordered under this section be car10 ried out by the Federal Bureau of Investigation. 

11 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

12 (1), the court may order DNA testing by another 

13 qualified laboratory if the court makes all necessary 

14 orders to ensure the integrity of the specific evidence 

15 and the reliability of the testing process and test re16 sults. 

17 ‘‘(3) COSTS.—The costs of any DNA testing or18 dered under this section shall be paid—

19 ‘‘(A) by the applicant; or 

20 ‘‘(B) in the case of an applicant who is in21 digent, by the Government. 

22 ‘‘(d) TIME LIMITATION IN CAPITAL CASES.—In any 

23 case in which the applicant is sentenced to death— 

24 ‘‘(1) any DNA testing ordered under this sec25 tion shall be completed not later than 60 days after 
38

•S 1700 IS 

1 the date on which the Government responds to the 

2 motion filed under subsection (a); and 

3 ‘‘(2) not later than 120 days after the date on 

4 which the DNA testing ordered under this section is 

5 completed, the court shall order any post-testing 

6 procedures under subsection (f) or (g), as appro7 priate. 

8 ‘‘(e) REPORTING OF TEST RESULTS.—

9 ‘‘(1) IN GENERAL.—The results of any DNA 

10 testing ordered under this section shall be simulta11 neously disclosed to the court, the applicant, and the 

12 Government. 

13 ‘‘(2) CODIS.—The Government shall submit 

14 any test results relating to the DNA of the applicant 

15 to the Combined DNA Index System (referred to in 

16 this subsection as ‘CODIS’). 

17 ‘‘(3) RETENTION OF DNA SAMPLE.—

18 ‘‘(A) ENTRY INTO CODIS.—If the DNA 

19 test results obtained under this section are in20 conclusive or show that the applicant was the 

21 source of the DNA evidence, the DNA sample 

22 of the applicant may be retained in CODIS. 

23 ‘‘(B) MATCH WITH OTHER OFFENSE.—If 

24 the DNA test results obtained under this sec25 tion exclude the applicant as the source of the 
39

•S 1700 IS 

1 DNA evidence, and a comparison of the DNA 

2 sample of the applicant results in a match be3 tween the DNA sample of the applicant and an4 other offense, the Attorney General shall notify 

5 the appropriate agency and preserve the DNA 

6 sample of the applicant. 

7 ‘‘(C) NO MATCH.—If the DNA test results 

8 obtained under this section exclude the appli9 cant as the source of the DNA evidence, and a 

10 comparison of the DNA sample of the applicant 

11 does not result in a match between the DNA 

12 sample of the applicant and another offense, 

13 the Attorney General shall destroy the DNA 

14 sample of the applicant and ensure that such 

15 information is not retained in CODIS if there 

16 is no other legal authority to retain the DNA 

17 sample of the applicant in CODIS. 

18 ‘‘(f) POST-TESTING PROCEDURES; INCONCLUSIVE

19 AND INCULPATORY RESULTS.—

20 ‘‘(1) INCONCLUSIVE RESULTS.—If DNA test re21 sults obtained under this section are inconclusive, 

22 the court may order further testing, if appropriate, 

23 or may deny the applicant relief. 

24 ‘‘(2) INCULPATORY RESULTS.—If DNA test re25 sults obtained under this section show that the ap-
40

•S 1700 IS 

1 plicant was the source of the DNA evidence, the 

2 court shall—

3 ‘‘(A) deny the applicant relief; and 

4 ‘‘(B) on motion of the Government—

5 ‘‘(i) make a determination whether 

6 the applicant’s assertion of actual inno7 cence was false, and, if the court makes 

8 such a finding, the court may hold the ap9 plicant in contempt; 

10 ‘‘(ii) assess against the applicant the 

11 cost of any DNA testing carried out under 

12 this section; 

13 ‘‘(iii) forward the finding to the Direc14 tor of the Bureau of Prisons, who, upon 

15 receipt of such a finding, may deny, wholly 

16 or in part, the good conduct credit author17 ized under section 3632 on the basis of 

18 that finding; 

19 ‘‘(iv) if the applicant is subject to the 

20 jurisdiction of the United States Parole 

21 Commission, forward the finding to the 

22 Commission so that the Commission may 

23 deny parole on the basis of that finding; 

24 and 
41

•S 1700 IS 

1 ‘‘(v) if the DNA test results relate to 

2 a State offense, forward the finding to any 

3 appropriate State official. 

4 ‘‘(3) SENTENCE.—In any prosecution of an ap5 plicant under chapter 79 for false assertions or other 

6 conduct in proceedings under this section, the court, 

7 upon conviction of the applicant, shall sentence the

8 applicant to a term of imprisonment of not less than 

9 3 years, which shall run consecutively to any other 

10 term of imprisonment the applicant is serving. 

11 ‘‘(g) POST-TESTING PROCEDURES; MOTION FOR

12 NEW TRIAL OR RESENTENCING.—

13 ‘‘(1) IN GENERAL.—Notwithstanding any law 

14 that would bar a motion under this paragraph as 

15 untimely, if DNA test results obtained under this 

16 section exclude the applicant as the source of the 

17 DNA evidence, the applicant may file a motion for 

18 a new trial or resentencing, as appropriate. The 

19 court shall establish a reasonable schedule for the 

20 applicant to file such a motion and for the Govern21 ment to respond to the motion. 

22 ‘‘(2) STANDARD FOR GRANTING MOTION FOR

23 NEW TRIAL OR RESENTENCING.—The court shall 

24 grant the motion of the applicant for a new trial or 

25 resentencing, as appropriate, if the DNA test re-
42

•S 1700 IS 

1 sults, when considered with all other evidence in the 

2 case (regardless of whether such evidence was intro3 duced at trial), establish by a preponderance of the 

4 evidence that a new trial would result in an acquittal 

5 of—

6 ‘‘(A) in the case of a motion for a new 

7 trial, the Federal offense for which the appli8 cant is under a sentence of imprisonment or 

9 death; and 

10 ‘‘(B) in the case of a motion for resen11 tencing, another Federal or State offense, if—

12 ‘‘(i) such offense was legally necessary 

13 to make the applicant eligible for a sen14 tence as a career offender under section 

15 3559(e) or an armed career offender under 

16 section 924(e), and exoneration of such of17 fense would entitle the applicant to a re18 duced sentence; or 

19 ‘‘(ii) evidence of such offense was ad20 mitted during a Federal death sentencing 

21 hearing and exoneration of such offense 

22 would entitle the applicant to a reduced 

23 sentence or a new sentencing proceeding. 

24 ‘‘(h) OTHER LAWS UNAFFECTED.—
43

•S 1700 IS 

1 ‘‘(1) POST-CONVICTION RELIEF.—Nothing in 

2 this section shall affect the circumstances under 

3 which a person may obtain DNA testing or post-con4 viction relief under any other law. 

5 ‘‘(2) HABEAS CORPUS.—Nothing in this section 

6 shall provide a basis for relief in any Federal habeas 

7 corpus proceeding. 

8 ‘‘(3) APPLICATION NOT A MOTION.—An appli9 cation under this section shall not be considered to 

10 be a motion under section 2255 for purposes of de11 termining whether the application or any other mo12 tion is a second or successive motion under section 

13 2255. 

14 ‘‘§ 3600A. Prohibition on destruction of biological evi15 dence 

16 ‘‘(a) IN GENERAL.—Notwithstanding any other pro17 vision of law, the Government shall not destroy biological 

18 evidence that was secured in the investigation or prosecu19 tion of a Federal offense, if a defendant is under a sen20 tence of imprisonment for such offense. 

21 ‘‘(b) DEFINED TERM.—For purposes of this section, 

22 the term ‘biological evidence’ means—

23 ‘‘(1) a sexual assault forensic examination kit; 

24 or 
44

•S 1700 IS 

1 ‘‘(2) semen, blood, saliva, hair, skin tissue, or 

2 other identified biological material. 

3 ‘‘(c) APPLICABILITY.—The prohibition of the de4 struction of biological evidence under subsection (a) shall 

5 not apply if—

6 ‘‘(1) a court has denied a request or motion for 

7 DNA testing of the biological evidence by the de8 fendant under section 3600, and no appeal is pend9 ing; 

10 ‘‘(2) the defendant knowingly and voluntarily 

11 waived the right to request DNA testing of such evi12 dence in a court proceeding conducted after the date 

13 of enactment of the Innocence Protection Act of 

14 2003; 

15 ‘‘(3) the defendant is notified after conviction 

16 that the biological evidence may be destroyed and 

17 the defendant does not file a motion under section 

18 3600 within 180 days of receipt of the notice; or 

19 ‘‘(4)(A) the evidence must be returned to its 

20 rightful owner, or is of such a size, bulk, or physical 

21 character as to render retention impracticable; and 

22 ‘‘(B) the Government takes reasonable meas23 ures to remove and preserve portions of the material 

24 evidence sufficient to permit future DNA testing. 
45

•S 1700 IS 

1 ‘‘(d) OTHER PRESERVATION REQUIREMENT.—Noth2 ing in this section shall preempt or supersede any statute, 

3 regulation, court order, or other provision of law that may 

4 require evidence, including biological evidence, to be pre5 served. 

6 ‘‘(e) REGULATIONS.—The Attorney General shall 

7 promulgate regulations to implement and enforce this sec8 tion, including appropriate disciplinary sanctions to ensure 

9 that employees comply with such regulations. 

10 ‘‘(f) CRIMINAL PENALTY.—Whoever knowingly and 

11 intentionally destroys, alters, or tampers with biological 

12 evidence that is required to be preserved under this section 

13 with the intent to prevent that evidence from being sub14 jected to DNA testing or prevent the production or use 

15 of that evidence in an official proceeding, shall be fined 

16 under this title, imprisoned for not more than 5 years, 

17 or both.’’. 

18 (2) CLERICAL AMENDMENT.—The chapter anal19 ysis for part II of title 18, United States Code, is 

20 amended by inserting after the item relating to 

21 chapter 228 the following:

‘‘228A. Post-conviction DNA testing ........................................... 3600’’.

22 (b) SYSTEM FOR REPORTING MOTIONS.—

23 (1) ESTABLISHMENT.—The Attorney General 

24 shall establish a system for reporting and tracking 
46

•S 1700 IS 

1 motions filed in accordance with section 3600 of title 

2 18, United States Code. 

3 (2) OPERATION.—In operating the system es4 tablished under paragraph (1), the courts shall pro5 vide to the Attorney General any requested assist6 ance in operating such a system and in ensuring the 

7 accuracy and completeness of information included 

8 in that system.

9 (3) REPORT.—Not later than 2 years after the 

10 date of enactment of this Act, the Attorney General 

11 shall submit a report to Congress that contains—

12 (A) a list of motions filed under section 

13 3600 of title 18, United States Code, as added 

14 by this Act; 

15 (B) whether DNA testing was ordered pur16 suant to such a motion; 

17 (C) whether the applicant obtained relief 

18 on the basis of DNA test results; and 

19 (D) whether further proceedings occurred 

20 following a granting of relief and the outcome 

21 of such proceedings. 

22 (4) ADDITIONAL INFORMATION.—The report re23 quired to be submitted under paragraph (3) may in24 clude any other information the Attorney General 

25 determines to be relevant in assessing the operation, 
47

•S 1700 IS 

1 utility, or costs of section 3600 of title 18, United 

2 States Code, as added by this Act, and any rec3 ommendations the Attorney General may have relat4 ing to future legislative action concerning that sec5 tion. 

6 (c) EFFECTIVE DATE; APPLICABILITY.—This section 

7 and the amendments made by this section shall take effect 

8 on the date of enactment of this Act and shall apply with 

9 respect to any offense committed, and to any judgment 

10 of conviction entered, before, on, or after that date of en11 actment.

12 SEC. 312. KIRK BLOODSWORTH POST-CONVICTION DNA 

13 TESTING GRANT PROGRAM. 

14 (a) IN GENERAL.—The Attorney General shall estab15 lish the Kirk Bloodsworth Post-Conviction DNA Testing 

16 Grant Program to award grants to States to help defray 

17 the costs of post-conviction DNA testing. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated $5,000,000 for each of 

20 the fiscal years 2005 through 2009 to carry out this sec21 tion. 

22 (c) STATES.—For purposes of this section, the term 

23 ‘‘States’’ means the States of the United States, the Dis24 trict of Columbia, the Commonwealth of Puerto Rico, the 
48

•S 1700 IS 

1 United States Virgin Islands, American Samoa, Guam, 

2 and the Northern Mariana Islands. 

3 SEC. 313. INCENTIVE GRANTS TO STATES TO ENSURE CON4 SIDERATION OF CLAIMS OF ACTUAL INNO5 CENCE. 

6 For each of the fiscal years 2005 through 2009, all 

7 funds appropriated to carry out sections 203, 205, 207, 

8 and 312 shall be reserved for grants eligible entities 

9 that—

10 (1) meet the requirements under section 203, 

11 205, 207, or 312, as appropriate; and 

12 (2) demonstrate that the State in which the eli13 gible entity operates—

14 (A) provides post-conviction DNA testing 

15 of specified evidence—

16 (i) under a State statute enacted be17 fore the date of enactment of this Act (or 

18 extended or renewed after such date), to 

19 any person convicted after trial and under 

20 a sentence of imprisonment or death for a 

21 State offense, in a manner that ensures a 

22 meaningful process for resolving a claim of 

23 actual innocence; or 

24 (ii) under a State statute enacted 

25 after the date of enactment of this Act, or 
49

•S 1700 IS 

1 under a State rule, regulation, or practice, 

2 to any person under a sentence of impris3 onment or death for a State offense, in a 

4 manner comparable to section 3600(a) of 

5 title 18, United States Code (provided that 

6 the State statute, rule, regulation, or prac7 tice may make post-conviction DNA test8 ing available in cases in which such testing 

9 is not required by such section), and if the 

10 results of such testing exclude the appli11 cant, permits the applicant to apply for 

12 post-conviction relief, notwithstanding any 

13 provision of law that would otherwise bar 

14 such application as untimely; and 

15 (B) preserves biological evidence secured in 

16 relation to the investigation or prosecution of a 

17 State offense—

18 (i) under a State statute or a State or 

19 local rule, regulation, or practice, enacted 

20 or adopted before the date of enactment of 

21 this Act (or extended or renewed after 

22 such date), in a manner that ensures that 

23 reasonable measures are taken by all juris24 dictions within the State to preserve such 

25 evidence; or 
50

•S 1700 IS 

1 (ii) under a State statute or a State 

2 or local rule, regulation, or practice, en3 acted or adopted after the date of enact4 ment of this Act, in a manner comparable 

5 to section 3600A of title 18, United States 

6 Code, if—

7 (I) all jurisdictions within the 

8 State comply with this requirement; 

9 and 

10 (II) such jurisdictions may pre11 serve such evidence for longer than 

12 the period of time that such evidence 

13 would be required to be preserved 

14 under such section 3600A. 

15 Subtitle B—Improving the Quality 

16 of Representation in State Cap17 ital Cases 

18 SEC. 321. CAPITAL REPRESENTATION IMPROVEMENT 

19 GRANTS. 

20 (a) IN GENERAL.—The Attorney General shall award 

21 grants to States for the purpose of improving the quality 

22 of legal representation provided to indigent defendants in 

23 State capital cases. 

24 (b) DEFINED TERM.—In this section, the term ‘‘legal 

25 representation’’ means legal counsel and investigative, ex-
51

•S 1700 IS 

1 pert, and other services necessary for competent represen2 tation. 

3 (c) USE OF FUNDS.—Grants awarded under sub4 section (a)—

5 (1) shall be used to establish, implement, or im6 prove an effective system for providing competent 

7 legal representation to—

8 (A) indigents charged with an offense sub9 ject to capital punishment;

10 (B) indigents who have been sentenced to 

11 death and who seek appellate or collateral relief 

12 in State court; and 

13 (C) indigents who have been sentenced to 

14 death and who seek review in the Supreme 

15 Court of the United States; and 

16 (2) shall not be used to fund representation in 

17 specific capital cases. 

18 (d) EFFECTIVE SYSTEM.—As used in subsection 

19 (c)(1), an effective system for providing competent legal 

20 representation is a system that—

21 (1) invests the responsibility for identifying and 

22 appointing qualified attorneys to represent indigents 

23 in capital cases in—

24 (A) a public defender program that relies 

25 on staff attorneys, members of the private bar, 
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1 or both, to provide representation in capital 

2 cases; or 

3 (B) an entity established by statute or by 

4 the highest State court with jurisdiction in 

5 criminal cases, which is composed of individuals 

6 with demonstrated knowledge and expertise in 

7 capital representation; and 

8 (2) requires the entity described in paragraph 

9 (1) to—

10 (A) establish qualifications for attorneys 

11 who may be appointed to represent indigents in 

12 capital cases; 

13 (B) establish and maintain a roster of 

14 qualified attorneys; 

15 (C) assign 2 attorneys from the roster to 

16 represent an indigent in a capital case, or pro17 vide the trial judge a list of not more than 2 

18 pairs of attorneys from the roster, from which 

19 1 pair shall be assigned, provided that, in any 

20 case in which the State elects not to seek the 

21 death penalty, a court may find, subject to any 

22 requirement of State law, that a second attor23 ney need not remain assigned to represent the 

24 indigent to ensure competent representation; 
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1 (D) conduct, sponsor, or approve special2 ized training programs for attorneys rep3 resenting defendants in capital cases; 

4 (E) monitor the performance of attorneys 

5 who are appointed and their attendance at 

6 training programs, and remove from the roster 

7 attorneys who fail to deliver effective represen8 tation or who fail to comply with such require9 ments as the entity may establish regarding 

10 participation in training programs; and 

11 (F) ensure funding for the full cost of 

12 competent legal representation by the defense 

13 team and outside experts selected by counsel, 

14 who shall be compensated as follows: 

15 (i) Attorneys employed by a public de16 fender program shall be compensated ac17 cording to a salary scale that is commensu18 rate with the salary scale of the prosecu19 tor’s office in the jurisdiction. 

20 (ii) Appointed attorneys shall be com21 pensated for actual time and service, com22 puted on an hourly basis and at a reason23 able hourly rate in light of the qualifica24 tions and experience of the attorney and 

25 the local market for legal representation in 
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1 cases reflecting the complexity and respon2 sibility of capital cases. 

3 (iii) Non-attorney members of the de4 fense team, including investigators, mitiga5 tion specialists, and experts, shall be com6 pensated at a rate that reflects the special7 ized skills needed by those who assist coun8 sel with the litigation of death penalty 

9 cases. 

10 (iv) Attorney and non-attorney mem11 bers of the defense team shall be reim12 bursed for reasonable incidental expenses. 

13 SEC. 322. CAPITAL PROSECUTION IMPROVEMENT GRANTS. 

14 (a) IN GENERAL.—The Attorney General shall award 

15 grants to States for the purpose of improving the rep16 resentation of the public in State capital cases. 

17 (b) USE OF FUNDS.—

18 (1) PERMITTED USES.—Grants awarded under 

19 subsection (a) shall be used to—

20 (A) design and implement training pro21 grams for State and local prosecutors to ensure 

22 effective representation in State capital cases; 

23 (B) develop and implement appropriate 

24 standards and qualifications for State and local 

25 prosecutors who litigate State capital cases; 
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1 (C) assess the performance of State and 

2 local prosecutors who litigate State capital 

3 cases, provided that such assessment shall not 

4 include participation by the assessor in the trial 

5 of any specific capital case; 

6 (D) identify and implement any potential 

7 legal reforms that may be appropriate to mini8 mize the potential for error in the trial of cap9 ital cases; 

10 (E) establish a program under which State 

11 and local prosecutors conduct a systematic re12 view of cases in which a death sentence was im13 posed in order to identify cases in which post14 conviction DNA testing may be appropriate; 

15 and 

16 (F) provide support and assistance to the 

17 families of murder victims. 

18 (2) PROHIBITED USE.—Grants awarded under 

19 subsection (a) shall not be used to fund the prosecu20 tion of specific capital cases. 

21 SEC. 323. APPLICATIONS. 

22 (a) IN GENERAL.—The Attorney General shall estab23 lish a process through which a State may apply for a grant 

24 under this subtitle. 

25 (b) APPLICATION.—
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1 (1) IN GENERAL.—A State desiring a grant 

2 under this subtitle shall submit an application to the 

3 Attorney General at such time, in such manner, and 

4 containing such information as the Attorney General 

5 may reasonably require. 

6 (2) CONTENTS.—Each application submitted 

7 under paragraph (1) shall contain—

8 (A) a certification by an appropriate offi9 cer of the State that the State authorizes cap10 ital punishment under its laws and conducts, or 

11 will conduct, prosecutions in which capital pun12 ishment is sought; 

13 (B) a description of the communities to be 

14 served by the grant, including the nature of ex15 isting capital defender services and capital pros16 ecution programs within such communities; 

17 (C) a long-term statewide strategy and de18 tailed implementation plan that—

19 (i) reflects consultation with the judi20 ciary, the organized bar, and State and 

21 local prosecutor and defender organiza22 tions; and 

23 (ii) establishes as a priority improve24 ment in the quality of trial-level represen25 tation of indigents charged with capital 
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1 crimes and trial-level prosecution of capital 

2 crimes; and 

3 (D) assurances that Federal funds received 

4 under this subtitle shall be—

5 (i) used to supplement and not sup6 plant non-Federal funds that would other7 wise be available for activities funded 

8 under this subtitle; and

9 (ii) allocated equally between the uses 

10 described in section 321 and the uses de11 scribed in section 322. 

12 SEC. 324. STATE REPORTS. 

13 (a) IN GENERAL.—Each State receiving funds under 

14 this subtitle shall submit an annual report to the Attorney 

15 General that—

16 (1) identifies the activities carried out with such 

17 funds; and 

18 (2) explains how each activity complies with the 

19 terms and conditions of the grant. 

20 (b) CAPITAL REPRESENTATION IMPROVEMENT

21 GRANTS.—With respect to the funds provided under sec22 tion 321, a report under subsection (a) shall include—

23 (1) an accounting of all amounts expended; 

24 (2) an explanation of the means by which the 

25 State—
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1 (A) invests the responsibility for identi2 fying and appointing qualified attorneys to rep3 resent indigents in capital cases in an entity de4 scribed in section 321(d)(1); and 

5 (B) requires the entity described in section 

6 321(d)(1) to—

7 (i) establish qualifications for attor8 neys who may be appointed to represent 

9 indigents in capital cases in accordance 

10 with section 321(d)(2)(A); 

11 (ii) establish and maintain a roster of 

12 qualified attorneys in accordance with sec13 tion 321(d)(2)(B); 

14 (iii) assign attorneys from the roster 

15 in accordance with section 321(d)(2)(C); 

16 (iv) conduct, sponsor, or approve spe17 cialized training programs for attorneys 

18 representing defendants in capital cases in 

19 accordance with section 321(d)(2)(D); 

20 (v) monitor the performance and 

21 training program attendance of appointed 

22 attorneys, and remove from the roster at23 torneys who fail to deliver effective rep24 resentation or fail to comply with such re25 quirements as the entity may establish re-
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1 garding participation in training programs, 

2 in accordance with section 321(d)(2)(E); 

3 and 

4 (vi) ensure funding for the full cost of 

5 competent legal representation by the de6 fense team and outside experts selected by 

7 counsel, in accordance with section 

8 321(d)(2)(F), including a statement set9 ting forth—

10 (I) if the State employs a public 

11 defender program under section 

12 321(d)(1)(A), the salaries received by 

13 the attorneys employed by such pro14 gram and the salaries received by at15 torneys in the prosecutor’s office in 

16 the jurisdiction; 

17 (II) if the State employs ap18 pointed attorneys under section 

19 321(d)(1)(B), the hourly fees received 

20 by such attorneys for actual time and 

21 service and the basis on which the 

22 hourly rate was calculated; 

23 (III) the amounts paid to non24 attorney members of the defense 
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1 team, and the basis on which such 

2 amounts were determined; and 

3 (IV) the amounts for which at4 torney and non-attorney members of 

5 the defense team were reimbursed for 

6 reasonable incidental expenses; and 

7 (3) a statement confirming that the funds have 

8 not been used to fund representation in specific cap9 ital cases or to supplant non-Federal funds. 

10 (c) CAPITAL PROSECUTION IMPROVEMENT

11 GRANTS.—With respect to the funds provided under sec12 tion 322, a report under subsection (a) shall include—

13 (1) an accounting of all amounts expended; 

14 (2) a description of the means by which the 

15 State has—

16 (A) designed and established training pro17 grams for State and local prosecutors to ensure 

18 effective representation in State capital cases in 

19 accordance with section 322(b)(1)(A); 

20 (B) developed and implemented appro21 priate standards and qualifications for State 

22 and local prosecutors who litigate State capital 

23 cases in accordance with section 322(b)(1)(B); 
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1 (C) assessed the performance of State and 

2 local prosecutors who litigate State capital cases 

3 in accordance with section 322(b)(1)(C); 

4 (D) identified and implemented any poten5 tial legal reforms that may be appropriate to 

6 minimize the potential for error in the trial of 

7 capital cases in accordance with section 

8 322(b)(1)(D); 

9 (E) established a program under which 

10 State and local prosecutors conduct a system11 atic review of cases in which a death sentence 

12 was imposed in order to identify cases in which 

13 post-conviction DNA testing may be appro14 priate in accordance with section 322(b)(1)(E); 

15 and 

16 (F) provided support and assistance to the 

17 families of murder victims; and 

18 (3) a statement confirming that the funds have 

19 not been used to fund the prosecution of specific 

20 capital cases or to supplant non-Federal funds. 

21 (d) PUBLIC DISCLOSURE OF ANNUAL STATE RE22 PORTS.—The annual reports to the Attorney General sub23 mitted by any State under this section shall be made avail24 able to the public. 
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1 SEC. 325. EVALUATIONS BY INSPECTOR GENERAL AND AD2 MINISTRATIVE REMEDIES. 

3 (a) EVALUATION BY INSPECTOR GENERAL.—

4 (1) IN GENERAL.—As soon as practicable after 

5 the end of the first fiscal year for which a State re6 ceives funds under a grant made under this title, the 

7 Inspector General of the Department of Justice (in 

8 this section referred to as the ‘‘Inspector General’’) 

9 shall—

10 (A) after affording an opportunity for any 

11 person to provide comments on a report sub12 mitted under section 324, submit to Congress 

13 and to the Attorney General a report evaluating 

14 the compliance by the State with the terms and 

15 conditions of the grant; and 

16 (B) if the Inspector General concludes that 

17 the State is not in compliance with the terms 

18 and conditions of the grant, specify any defi19 ciencies and make recommendations for correc20 tive action. 

21 (2) PRIORITY.—In conducting evaluations 

22 under this subsection, the Inspector General shall 

23 give priority to States that the Inspector General de24 termines, based on information submitted by the 

25 State and other comments provided by any other 

26 person, to be at the highest risk of noncompliance. 
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1 (b) ADMINISTRATIVE REVIEW.—

2 (1) COMMENT.—Upon receiving the report 

3 under subsection (a)(1), the Attorney General shall 

4 provide the State with an opportunity to comment 

5 regarding the findings and conclusions of the report. 

6 (2) CORRECTIVE ACTION PLAN.—If the Attor7 ney General, after reviewing the report under sub8 section (a)(1), determines that a State is not in com9 pliance with the terms and conditions of the grant, 

10 the Attorney General shall consult with the appro11 priate State authorities to enter into a plan for cor12 rective action. If the State does not agree to a plan 

13 for corrective action that has been approved by the 

14 Attorney General within 90 days after the submis15 sion of the report under subsection (a)(1), the Attor16 ney General shall, within 30 days, direct the State 

17 to take corrective action to bring the State into com18 pliance. 

19 (3) REPORT TO CONGRESS.—Not later than 90 

20 days after the earlier of the implementation of a cor21 rective action plan or a directive to implement such 

22 a plan under paragraph (2), the Attorney General 

23 shall submit a report to Congress as to whether the 

24 State has taken corrective action and is in compli25 ance with the terms and conditions of the grant. 
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1 (c) PENALTIES FOR NONCOMPLIANCE.—If the State 

2 fails to take the prescribed corrective action under sub3 section (b) and is not in compliance with the terms and 

4 conditions of the grant, the Attorney General shall dis5 continue all further funding under sections 321 and 322 

6 and require the State to return the funds granted under 

7 such sections for that fiscal year. Nothing in this para8 graph shall prevent a State which has been subject to pen9 alties for noncompliance from reapplying for a grant under 

10 this subtitle in another fiscal year. 

11 (d) PERIODIC REPORTS.—During the grant period, 

12 the Inspector General shall periodically review the compli13 ance of each State with the terms and conditions of the 

14 grant. 

15 (e) ADMINISTRATIVE COSTS.—Not less than 2.5 per16 cent of the funds appropriated to carry out this subtitle 

17 for each of the fiscal years 2005 through 2009 shall be 

18 made available to the Inspector General for purposes of 

19 carrying out this section. Such sums shall remain available 

20 until expended. 

21 SEC. 326. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) AUTHORIZATION FOR GRANTS.—There are au23 thorized to be appropriated $100,000,000 for each of the 

24 fiscal years 2005 through 2009 to carry out this subtitle. 
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1 (b) RESTRICTION ON USE OF FUNDS TO ENSURE

2 EQUAL ALLOCATION.—Each State receiving a grant 

3 under this subtitle shall allocate the funds equally between 

4 the uses described in section 321 and the uses described 

5 in section 322. 

6 Subtitle C—Compensation for the 

7 Wrongfully Convicted 

8 SEC. 331. INCREASED COMPENSATION IN FEDERAL CASES 

9 FOR THE WRONGFULLY CONVICTED. 

10 Section 2513(e) of title 28, United States Code, is 

11 amended by striking ‘‘exceed the sum of $5,000’’ and in12 serting ‘‘exceed $100,000 for each 12-month period of in13 carceration for any plaintiff who was unjustly sentenced 

14 to death and $50,000 for each 12-month period of incar15 ceration for any other plaintiff.’’. 

16 SEC. 332. SENSE OF CONGRESS REGARDING COMPENSA17 TION IN STATE DEATH PENALTY CASES. 

18 It is the sense of Congress that States should provide 

19 reasonable compensation to any person found to have been 

20 unjustly convicted of an offense against the State and sen21 tenced to death.

Æ