I
106TH CONGRESS
2D SESSION
H. R. 4980
To amend title 18, United States Code, with respect to DNA testing of
prisoners, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2000
Mr. SENSENBRENNER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 18, United States Code, with respect to
DNA testing of prisoners, 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.
This Act may be cited as the ‘‘Scientific Certainty
in Sentencing Act of 2000’’.
SEC. 2. FEDERAL POST-CONVICTION DNA TESTING.
(a) IN GENERAL.—Part II of title 18, United States
Code, is amended by inserting after chapter 228 the fol-
lowing:
‘‘CHAPTER 228A—POST-CONVICTION DNA
TESTING
‘‘Sec.
‘‘3600. DNA testing.
‘‘§ 3600. DNA testing
‘‘(a) MOTION.—An individual serving a term of im-
prisonment for conviction in a court of the United States
of a criminal offense (referred to in this section as the
‘applicant’) may make a written motion to the court that
entered the judgment of conviction for the performance
of forensic DNA testing on specified evidence, if that
evidence—
‘‘(1) was secured in relation to the investigation
or prosecution that resulted in the conviction of the
applicant; and
‘‘(2) was not subject to the DNA testing re-
quested because the technology for such testing was
not available to the applicant at the time of trial or
at the time of any earlier test.
‘‘(b) NOTICE TO THE GOVERNMENT.—Upon receipt
of a motion under subsection (a), the court shall notify
the Government and shall afford the Government an op-
portunity to respond to the motion.
‘‘(c) REQUIREMENTS.—The court shall grant the mo-
tion of the applicant if the court finds that the test, if
favorable to the applicant, would provide evidence that—
‘‘(1) had such evidence been before the finder
of fact at the trial of the criminal case, no reason-
able finder of fact would have found the applicant
guilty beyond a reasonable doubt; or
‘‘(2) would have resulted in a mandatory reduc-
tion in the sentence of the applicant.
‘‘(d) TESTING PROCEDURES.—
‘‘(1) SELECTION OF LABORATORY.—Any DNA
testing ordered under this section shall be conducted
by—
‘‘(A) a laboratory mutually selected by the
Government and the applicant; or
‘‘(B) if the Government and the applicant
are unable to agree on a laboratory, a labora-
tory selected by the court that ordered the test-
ing.
‘‘(2) COSTS.—The costs of any testing ordered
under this section shall be paid—
‘‘(A) by the applicant; or
‘‘(B) in the case of an applicant who is in-
digent, by the court.
‘‘(e) EFFECT OF TEST RESULTS.—If the results of
the test are favorable to the applicant, the court shall
make such order respecting the conviction or sentence of
the defendant as the court determines is appropriate
under all the circumstances.
‘‘(f) PRESERVATION OF BIOLOGICAL MATERIAL.—
The Government and the court shall take such steps as
are reasonably necessary to ensure that any biological ma-
terial relating to the trial of a criminal defendant that is
in the possession of either is preserved throughout the
time an individual is incarcerated pursuant to conviction
at that trial.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part II of title 18, United States Code, is amended
by inserting after the item relating to chapter 228 the fol-
lowing new item:
‘‘228A. Post-conviction DNA testing................3800’’.
Æ