108TH CONGRESS
2D SESSION
H. R. 5107
AN ACT
To protect crime victims’ rights, to eliminate the
substantial backlog of DNA samples collected
from crime scenes and convicted offenders, to im-
prove 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 pro-
grams regarding the collection and use of DNA
evidence, to provide post-conviction testing of
DNA evidence to exonerate the innocent, to im-
prove the performance of counsel in State capital
cases, and for other purposes.
108TH CONGRESS
2D SESSION
H. R. 5107
AN ACT
To protect crime victims’ rights, to eliminate the substantial
backlog of DNA samples collected from crime scenes
and convicted offenders, to improve and expand the DNA
testing capacity of Federal, State, and local crime labora-
tories, 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 exon-
erate the innocent, to improve the performance of counsel
in State capital cases, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Justice for All Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRES-
TON, LOUARNA GILLIS, AND NILA LYNN CRIME VICTIMS’
RIGHTS ACT
Sec. 101. Short title.
Sec. 102. Crime victims’ rights.
Sec. 103. Increased resources for enforcement of crime victims’ rights.
Sec. 104. Reports.
TITLE II—DEBBIE SMITH ACT OF 2004
Sec. 201. Short title.
Sec. 202. Debbie Smith DNA Backlog Grant Program.
Sec. 203. Expansion of Combined DNA Index System.
Sec. 204. Tolling of statute of limitations.
Sec. 205. Legal assistance for victims of violence.
Sec. 206. Ensuring private laboratory assistance in eliminating DNA backlog.
TITLE III—DNA SEXUAL ASSAULT JUSTICE ACT OF 2004
Sec. 301. Short title.
Sec. 302. Ensuring public crime laboratory compliance with Federal standards.
Sec. 303. DNA training and education for law enforcement, correctional per-
sonnel, and court officers.
Sec. 304. Sexual assault forensic exam program grants.
Sec. 305. DNA research and development.
Sec. 306. National Forensic Science Commission.
Sec. 307. FBI DNA programs.
Sec. 308. DNA identification of missing persons.
Sec. 309. Enhanced criminal penalties for unauthorized disclosure or use of
DNA information.
Sec. 310. Tribal coalition grants.
Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement Grant
Program.
Sec. 312. Report to Congress.
TITLE IV—INNOCENCE PROTECTION ACT OF 2004
Sec. 401. Short title.
Subtitle A—Exonerating the innocent through DNA testing
Sec. 411. Federal post-conviction DNA testing.
Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 413. Incentive grants to States to ensure consideration of claims of actual
innocence.
Subtitle B—Improving the quality of representation in State capital cases
Sec. 421. Capital representation improvement grants.
Sec. 422. Capital prosecution improvement grants.
Sec. 423. Applications.
Sec. 424. State reports.
Sec. 425. Evaluations by Inspector General and administrative remedies.
Sec. 426. Authorization of appropriations.
Subtitle C—Compensation for the wrongfully convicted
Sec. 431. Increased compensation in Federal cases for the wrongfully convicted.
Sec. 432. Sense of Congress regarding compensation in State death penalty
cases.
TITLE 
I—SCOTT 
CAMPBELL,
STEPHANIE ROPER, WENDY
PRESTON, LOUARNA GILLIS,
AND NILA LYNN CRIME VIC-
TIMS’ RIGHTS ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Scott Campbell,
Stephanie Roper, Wendy Preston, Louarna Gillis, and
Nila Lynn Crime Victims’ Rights Act’’.
SEC. 102. CRIME VICTIMS’ RIGHTS.
(a) AMENDMENT TO TITLE 18.—Part II of title 18,
United States Code, is amended by adding at the end the
following:
‘‘CHAPTER 237—CRIME VICTIMS’ RIGHTS
‘‘Sec.
‘‘3771. Crime victims’ rights.
‘‘§ 3771. Crime victims’ rights
‘‘(a) RIGHTS OF CRIME VICTIMS.—A crime victim
has the following rights:
‘‘(1) The right to be reasonably protected from
the accused.
‘‘(2) The right to reasonable, accurate, and
timely notice of any public court proceeding, or any
parole proceeding, involving the crime or of any re-
lease or escape of the accused.
‘‘(3) The right not to be excluded from any
such public court proceeding, unless the court, after
receiving clear and convincing evidence, determines
that testimony by the victim would be materially al-
tered if the victim heard other testimony at that pro-
ceeding.
‘‘(4) The right to be reasonably heard at any
public proceeding in the district court involving re-
lease, plea, sentencing, or any parole proceeding.
‘‘(5) The reasonable right to confer with the at-
torney for the Government in the case.
‘‘(6) The right to full and timely restitution as
provided in law.
‘‘(7) The right to proceedings free from unrea-
sonable delay.
‘‘(8) The right to be treated with fairness and
with respect for the victim’s dignity and privacy.
‘‘(b) RIGHTS AFFORDED.—In any court proceeding
involving an offense against a crime victim, the court shall
ensure that the crime victim is afforded the rights de-
scribed in subsection (a). Before making a determination
described in subsection (a)(3), the court shall make every
effort to permit the fullest attendance possible by the vic-
tim and shall consider reasonable alternatives to the exclu-
sion of the victim from the criminal proceeding. The rea-
sons for any decision denying relief under this chapter
shall be clearly stated on the record.
‘‘(c) BEST EFFORTS TO ACCORD RIGHTS.—
‘‘(1) GOVERNMENT.—Officers and employees of
the Department of Justice and other departments
and agencies of the United States engaged in the de-
tection, investigation, or prosecution of crime shall
make their best efforts to see that crime victims are
notified of, and accorded, the rights described in
subsection (a).
‘‘(2) ADVICE OF ATTORNEY.—The prosecutor
shall advise the crime victim that the crime victim
can seek the advice of an attorney with respect to
the rights described in subsection (a).
‘‘(3) NOTICE.—Notice of release otherwise re-
quired pursuant to this chapter shall not be given if
such notice may endanger the safety of any person.
‘‘(d) ENFORCEMENT AND LIMITATIONS.—
‘‘(1) RIGHTS.—The crime victim or the crime
victim’s lawful representative, and the attorney for
the Government may assert the rights described in
subsection (a). A person accused of the crime may
not obtain any form of relief under this chapter.
‘‘(2) MULTIPLE
CRIME
VICTIMS.—In a case
where the court finds that the number of crime vic-
tims makes it impracticable to accord all of the
crime victims the rights described in subsection (a),
the court shall fashion a reasonable procedure to
give effect to this chapter that does not unduly com-
plicate or prolong the proceedings.
‘‘(3) MOTION FOR RELIEF AND WRIT OF MAN-
DAMUS.—The rights described in subsection (a) shall
be asserted in the district court in which a defend-
ant is being prosecuted for the crime or, if no pros-
ecution is underway, in the district court in the dis-
trict in which the crime occurred. The district court
shall take up and decide any motion asserting a vic-
tim’s right forthwith. If the district court denies the
relief sought, the movant may petition the court of
appeals for a writ of mandamus. The court of ap-
peals may issue the writ on the order of a single
judge pursuant to circuit rule or the Federal Rules
of Appellate Procedure. The court of appeals shall
take up and decide such application forthwith within
72 hours after the petition has been filed. In no
event shall proceedings be stayed or subject to a
continuance of more than five days for purposes of
enforcing this chapter. If the court of appeals denies
the relief sought, the reasons for the denial shall be
clearly stated on the record in a written opinion.
‘‘(4) ERROR.—In any appeal in a criminal case,
the Government may assert as error the district
court’s denial of any crime victim’s right in the pro-
ceeding to which the appeal relates.
‘‘(5) LIMITATION ON RELIEF.—In no case shall
a failure to afford a right under this chapter provide
grounds for a new trial. A victim may make a mo-
tion to re-open a plea or sentence only if—
‘‘(A) the victim has asserted the right to
be heard before or during the proceeding at
issue and such right was denied;
‘‘(B) the victim petitions the court of ap-
peals for a writ of mandamus within 10 days;
and
‘‘(C) in the case of a plea, the accused has
not pled to the highest offense charged.
This paragraph does not affect the victim’s right to
restitution as provided in title 18, United States
Code.’’.
‘‘(6) NO CAUSE OF ACTION.—Nothing in this
chapter shall be construed to authorize a cause of
action for damages or to create, to enlarge, or to
imply any duty or obligation to any victim or other
person for the breach of which the United States or
any of its officers or employees could be held liable
in damages. Nothing in this chapter shall be con-
strued to impair the prosecutorial discretion of the
Attorney General or any officer under his direction.
‘‘(e) DEFINITIONS.—For the purposes of this chap-
ter, the term ‘crime victim’ means a person directly and
proximately harmed as a result of the commission of a
Federal offense or an offense in the District of Columbia.
In the case of a crime victim who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal
guardians of the crime victim or the representatives of the
crime victim’s estate, family members, or any other per-
sons appointed as suitable by the court, may assume the
crime victim’s rights under this chapter, but in no event
shall the defendant be named as such guardian or rep-
resentative.
‘‘(f) PROCEDURES TO PROMOTE COMPLIANCE.—
‘‘(1) REGULATIONS.—Not later than 1 year
after the date of enactment of this chapter, the At-
torney General of the United States shall promul-
gate regulations to enforce the rights of crime vic-
tims and to ensure compliance by responsible offi-
cials with the obligations described in law respecting
crime victims.
‘‘(2) CONTENTS.—The regulations promulgated
under paragraph (1) shall—
‘‘(A) designate an administrative authority
within the Department of Justice to receive and
investigate complaints relating to the provision
or violation of the rights of a crime victim;
‘‘(B) require a course of training for em-
ployees and offices of the Department of Jus-
tice that fail to comply with provisions of Fed-
eral law pertaining to the treatment of crime
victims, and otherwise assist such employees
and offices in responding more effectively to the
needs of crime victims;
‘‘(C) contain disciplinary sanctions, includ-
ing suspension or termination from employ-
ment, for employees of the Department of Jus-
tice who willfully or wantonly fail to comply
with provisions of Federal law pertaining to the
treatment of crime victims; and
‘‘(D) provide that the Attorney General, or
the designee of the Attorney General, shall be
the final arbiter of the complaint, and that
there shall be no judicial review of the final de-
cision of the Attorney General by a complain-
ant.’’.
(b) TABLE OF CHAPTERS.—The table of chapters for
part II of title 18, United States Code, is amended by
inserting at the end the following:
‘‘237. Crime victims’ rights ...................................................................... 3771’’.
(c) REPEAL.—Section 502 of the Victims’ Rights and
Restitution Act of 1990 (42 U.S.C. 10606) is repealed.
SEC. 103. INCREASED RESOURCES FOR ENFORCEMENT OF
CRIME VICTIMS’ RIGHTS.
(a) CRIME VICTIMS LEGAL ASSISTANCE GRANTS.—
The Victims of Crime Act of 1984 (42 U.S.C. 10601 et
seq.) is amended by inserting after section 1404C the fol-
lowing:
‘‘SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.
‘‘(a) IN GENERAL.—The Director may make grants
as provided in section 1404(c)(1)(A) to State, tribal, and
local prosecutors’ offices, law enforcement agencies,
courts, jails, and correctional institutions, and to qualified
public and private entities, to develop, establish, and main-
tain programs for the enforcement of crime victims’ rights
as provided in law.
‘‘(b) PROHIBITION.—Grant amounts under this sec-
tion may not be used to bring a cause of action for dam-
ages.
‘‘(c) FALSE
CLAIMS
ACT.—Notwithstanding any
other provision of law, amounts collected pursuant to sec-
tions 3729 through 3731 of title 31, United States Code
(commonly known as the ‘False Claims Act’), may be used
for grants under this section, subject to appropriation.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to funds made available under section 1402(d) of the
Victims of Crime Act of 1984, there are authorized to be
appropriated to carry out this title—
(1) $2,000,000 for fiscal year 2005 and
$5,000,000 for each of fiscal years 2006, 2007,
2008, and 2009 to United States Attorneys Offices
for Victim/Witnesses Assistance Programs;
(2) $2,000,000 for fiscal year 2005 and
$5,000,000 in each of the fiscal years 2006, 2007,
2008, and 2009, to the Office for Victims of Crime
of the Department of Justice for enhancement of the
Victim Notification System;
(3) $300,000 in fiscal year 2005 and $500,000
for each of the fiscal years 2006, 2007, 2008, and
2009, to the Office for Victims of Crime of the De-
partment of Justice for staff to administer the ap-
propriation for the support of organizations as des-
ignated under paragraph (4);
(4) $7,000,000 for fiscal year 2005 and
$11,000,000 for each of the fiscal years 2006, 2007,
2008, and 2009, to the Office for Victims of Crime
of the Department of Justice, for the support of or-
ganizations that provide legal counsel and support
services for victims in criminal cases for the enforce-
ment of crime victims’ rights in Federal jurisdic-
tions, and in States and tribal governments that
have laws substantially equivalent to the provisions
of chapter 237 of title 18, United States Code; and
(5) $5,000,000 for fiscal year 2005 and
$7,000,000 for each of fiscal years 2006, 2007,
2008, and 2009, to the Office for Victims of Crime
of the Department of Justice, for the support of—
(A) training and technical assistance to
States and tribal jurisdictions to craft state-of-
the-art victims’ rights laws; and
(B) training and technical assistance to
States and tribal jurisdictions to design a vari-
ety of compliance systems, which shall include
an evaluation component.
(c) INCREASED RESOURCES TO DEVELOP STATE-OF-
THE-ART SYSTEMS FOR NOTIFYING CRIME VICTIMS OF
IMPORTANT DATES AND DEVELOPMENTS.—The Victims
of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amend-
ed by inserting after section 1404D the following:
‘‘SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.
‘‘(a) IN GENERAL.—The Director may make grants
as provided in section 1404(c)(1)(A) to State, tribal, and
local prosecutors’ offices, law enforcement agencies,
courts, jails, and correctional institutions, and to qualified
public or private entities, to develop and implement state-
of-the-art systems for notifying victims of crime of impor-
tant dates and developments relating to the criminal pro-
ceedings at issue in a timely and efficient manner, pro-
vided that the jurisdiction has laws substantially equiva-
lent to the provisions of chapter 237 of title 18, United
States Code.
‘‘(b) INTEGRATION OF SYSTEMS.—Systems developed
and implemented under this section may be integrated
with existing case management systems operated by the
recipient of the grant.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to funds made available under section 1402(d),
there are authorized to be appropriated to carry out this
section—
(A) in paragraph (3), by inserting ‘‘(1) or’’
before ‘‘(2)’’; and
(B) by inserting at the end the following:
‘‘(4) To collect DNA samples specified in para-
graph (1).
‘‘(5) To ensure that DNA testing and analysis
of samples from crimes, including sexual assault and
other serious violent crimes, are carried out in a
timely manner.’’;
(2) in subsection (b), as amended by this sec-
tion, by inserting at the end the following:
‘‘(7) specify that portion of grant amounts that
the State or unit of local government shall use for
the purpose specified in subsection (a)(4).’’;
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) FORMULA FOR DISTRIBUTION OF GRANTS.—
‘‘(1) IN GENERAL.—The Attorney General shall
distribute grant amounts, and establish appropriate
grant conditions under this section, in conformity
with a formula or formulas that are designed to ef-
fectuate a distribution of funds among eligible
States and units of local government that—