Justice for All Act of 2004
PL 108-405 (H.R.5107), enacted 10/30/2004

118 STAT. 2260
PUBLIC LAW 108–405—OCT. 30, 2004
Public Law 108–405
108th Congress
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 laboratories, to increase
research and development of new DNA testing technologies, to develop new train-
ing programs regarding the collection and use of DNA evidence, to provide post-
conviction testing of DNA evidence to exonerate the innocent, to improve the
performance of counsel in State capital cases, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘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 PRESTON,
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 personnel,
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 Pro-
gram.
Sec. 312. Report to Congress.
TITLE IV—INNOCENCE PROTECTION ACT OF 2004
Sec. 401. Short title.
42 USC 13701
note.
Justice for All
Act of 2004.
Oct. 30, 2004
[H.R. 5107]
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118 STAT. 2261
PUBLIC LAW 108–405—OCT. 30, 2004
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 in-
nocence.
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 Vic-
tims’ 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 fol-
lowing 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 release 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 altered if the victim heard other testimony
at that proceeding.
‘‘(4) The right to be reasonably heard at any public pro-
ceeding in the district court involving release, plea, sentencing,
or any parole proceeding.
‘‘(5) The reasonable right to confer with the attorney 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 unreasonable delay.
‘‘(8) The right to be treated with fairness and with respect
for the victim’s dignity and privacy.
18 USC 3771
note.
Scott Campbell,
Stephanie Roper,
Wendy Preston,
Louarna Gillis,
and Nila Lynn
Crime Victims’
Rights Act.
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118 STAT. 2262
PUBLIC LAW 108–405—OCT. 30, 2004
‘‘(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 described in subsection (a).
Before making a determination described in subsection (a)(3), the
court shall make every effort to permit the fullest attendance pos-
sible by the victim and shall consider reasonable alternatives to
the exclusion 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 Depart-
ment of Justice and other departments and agencies of the
United States engaged in the detection, 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 required 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 victims makes it impracticable
to accord all of the crime victims the rights described in sub-
section (a), the court shall fashion a reasonable procedure to
give effect to this chapter that does not unduly complicate
or prolong the proceedings.
‘‘(3) MOTION FOR RELIEF AND WRIT OF MANDAMUS.—The
rights described in subsection (a) shall be asserted in the dis-
trict court in which a defendant is being prosecuted for the
crime or, if no prosecution is underway, in the district court
in the district in which the crime occurred. The district court
shall take up and decide any motion asserting a victim’s right
forthwith. If the district court denies the relief sought, the
movant may petition the court of appeals for a writ of man-
damus. The court of appeals 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 Govern-
ment may assert as error the district court’s denial of any
crime victim’s right in the proceeding 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
Deadline.
Notification.
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118 STAT. 2263
PUBLIC LAW 108–405—OCT. 30, 2004
new trial. A victim may make a motion 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 appeals 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 construed to
impair the prosecutorial discretion of the Attorney General
or any officer under his direction.
‘‘(e) DEFINITIONS.—For the purposes of this chapter, 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 persons
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 representative.
‘‘(f) PROCEDURES TO PROMOTE COMPLIANCE.—
‘‘(1) REGULATIONS.—Not later than 1 year after the date
of enactment of this chapter, the Attorney General of the United
States shall promulgate regulations to enforce the rights of
crime victims and to ensure compliance by responsible officials
with the obligations described in law respecting crime victims.
‘‘(2) CONTENTS.—The regulations promulgated under para-
graph (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 employees and
offices of the Department of Justice that fail to comply
with provisions of Federal 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, including suspen-
sion or termination from employment, for employees of
the Department of Justice 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 decision of the Attorney General by a complain-
ant.’’.
Deadline.
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118 STAT. 2264
PUBLIC LAW 108–405—OCT. 30, 2004
(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 VIC-
TIMS’ 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 following:
‘‘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 maintain programs for the enforcement of crime victims’ rights
as provided in law.
‘‘(b) PROHIBITION.—Grant amounts under this section may not
be used to bring a cause of action for damages.
‘‘(c) FALSE CLAIMS ACT.—Notwithstanding any other provision
of law, amounts collected pursuant to sections 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 addition 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 enhance-
ment 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 Department of Justice for staff
to administer the appropriation for the support of organizations
as designated 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 organizations that provide legal counsel and
support services for victims in criminal cases for the enforce-
ment of crime victims’ rights in Federal jurisdictions, 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—
42 USC 10603d.
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118 STAT. 2265
PUBLIC LAW 108–405—OCT. 30, 2004
(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 variety of compliance sys-
tems, which shall include an evaluation component.
(c) INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART SYS-
TEMS FOR NOTIFYING CRIME VICTIMS OF IMPORTANT DATES AND
DEVELOPMENTS.—The Victims of Crime Act of 1984 (42 U.S.C.
10601 et seq.) is amended 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 important
dates and developments relating to the criminal proceedings at
issue in a timely and efficient manner, provided that the jurisdiction
has laws substantially equivalent to the provisions of chapter 237
of title 18, United States Code.
‘‘(b) INTEGRATION OF SYSTEMS.—Systems developed and imple-
mented under this section may be integrated with existing case
management systems operated by the recipient of the grant.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds
made available under section 1402(d), there are authorized to be
appropriated to carry out this section—
‘‘(1) $5,000,000 for fiscal year 2005; and
‘‘(2) $5,000,000 for each of the fiscal years 2006, 2007,
2008, and 2009.
‘‘(d) FALSE CLAIMS ACT.—Notwithstanding any other provision
of law, amounts collected pursuant to sections 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.’’.
SEC. 104. REPORTS.
(a) ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.—
Not later than 1 year after the date of enactment of this Act
and annually thereafter, the Administrative Office of the United
States Courts, for each Federal court, shall report to Congress
the number of times that a right established in chapter 237 of
title 18, United States Code, is asserted in a criminal case and
the relief requested is denied and, with respect to each such denial,
the reason for such denial, as well as the number of times a
mandamus action is brought pursuant to chapter 237 of title 18,
and the result reached.
(b) GOVERNMENT ACCOUNTABILITY OFFICE.—
(1) STUDY.—The Comptroller General shall conduct a study
that evaluates the effect and efficacy of the implementation
of the amendments made by this title on the treatment of
crime victims in the Federal system.
(2) REPORT.—Not later than 4 years after the date of enact-
ment of this Act, the Comptroller General shall prepare and
submit to the appropriate committees a report containing the
results of the study conducted under subsection (a).
Deadline.
Deadline.
18 USC 3771
note.
42 USC 10603e.
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118 STAT. 2266
PUBLIC LAW 108–405—OCT. 30, 2004
TITLE II—DEBBIE SMITH ACT OF 2004
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Debbie Smith Act of 2004’’.
SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.
(a) DESIGNATION OF PROGRAM; ELIGIBILITY OF LOCAL GOVERN-
MENTS AS GRANTEES.—Section 2 of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135) is amended—
(1) by amending the heading to read as follows:
‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.’’;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1)—
(i) by inserting ‘‘or units of local government’’ after
‘‘eligible States’’; and
(ii) by inserting ‘‘or unit of local government’’ after
‘‘State’’;
(B) in paragraph (2), by inserting before the period
at the end the following: ‘‘, including samples from rape
kits, samples from other sexual assault evidence, and sam-
ples taken in cases without an identified suspect’’; and
(C) in paragraph (3), by striking ‘‘within the State’’;
(3) in subsection (b)—
(A) in the matter preceding paragraph (1)—
(i) by inserting ‘‘or unit of local government’’ after
‘‘State’’ both places that term appears; and
(ii) by inserting ‘‘, as required by the Attorney
General’’ after ‘‘application shall’’;
(B) in paragraph (1), by inserting ‘‘or unit of local
government’’ after ‘‘State’’;
(C) in paragraph (3), by inserting ‘‘or unit of local
government’’ after ‘‘State’’ the first place that term appears;
(D) in paragraph (4)—
(i) by inserting ‘‘or unit of local government’’ after
‘‘State’’; and
(ii) by striking ‘‘and’’ at the end;
(E) in paragraph (5)—
(i) by inserting ‘‘or unit of local government’’ after
‘‘State’’; and
(ii) by striking the period at the end and inserting
a semicolon; and
(F) by adding at the end the following:
‘‘(6) if submitted by a unit of local government, certify
that the unit of local government has taken, or is taking,
all necessary steps to ensure that it is eligible to include,
directly or through a State law enforcement agency, all analyses
of samples for which it has requested funding in the Combined
DNA Index System; and’’;
(4) in subsection (d)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘The plan’’ and inserting ‘‘A plan pursuant
to subsection (b)(1)’’;
(ii) in subparagraph (A), by striking ‘‘within the
State’’; and
42 USC 13701
note.
Debbie Smith Act
of 2004.
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118 STAT. 2267
PUBLIC LAW 108–405—OCT. 30, 2004
(iii) in subparagraph (B), by striking ‘‘within the
State’’; and
(B) in paragraph (2)(A), by inserting ‘‘and units of
local government’’ after ‘‘States’’;
(5) in subsection (e)—
(A) in paragraph (1), by inserting ‘‘or local government’’
after ‘‘State’’ both places that term appears; and
(B) in paragraph (2), by inserting ‘‘or unit of local
government’’ after ‘‘State’’;
(6) in subsection (f), in the matter preceding paragraph
(1), by inserting ‘‘or unit of local government’’ after ‘‘State’’;
(7) in subsection (g)—
(A) in paragraph (1), by inserting ‘‘or unit of local
government’’ after ‘‘State’’; and
(B) in paragraph (2), by inserting ‘‘or units of local
government’’ after ‘‘States’’; and
(8) in subsection (h), by inserting ‘‘or unit of local govern-
ment’’ after ‘‘State’’ both places that term appears.
(b) REAUTHORIZATION AND EXPANSION OF PROGRAM.—Section
2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135) is amended—
(1) in subsection (a)—
(A) in paragraph (3), by inserting ‘‘(1) or’’ before ‘‘(2)’’;
and
(B) by inserting at the end the following:
‘‘(4) To collect DNA samples specified in paragraph (1).
‘‘(5) To ensure that DNA testing and analysis of samples
from crimes, including sexual assault and other serious violent
crimes, are carried out in a timely manner.’’;
(2) in subsection (b), as amended by this section, by
inserting at the end the following:
‘‘(7) specify that portion of grant amounts that the State
or unit of local government shall use for the purpose specified
in subsection (a)(4).’’;
(3) by amending subsection (c) to read as follows:
‘‘(c) FORMULA FOR DISTRIBUTION OF GRANTS.—
‘‘(1) IN GENERAL.—The Attorney General shall distribute
grant amounts, and establish appropriate grant conditions
under this section, in conformity with a formula or formulas
that are designed to effectuate a distribution of funds among
eligible States and units of local government that—
‘‘(A) maximizes the effective utilization of DNA tech-
nology to solve crimes and protect public safety; and
‘‘(B) allocates grants among eligible entities fairly and
efficiently to address jurisdictions in which significant back-
logs exist, by considering—
‘‘(i) the number of offender and casework samples
awaiting DNA analysis in a jurisdiction;
‘‘(ii) the population in the jurisdiction; and
‘‘(iii) the number of part 1 violent crimes in the
jurisdiction.
‘‘(2) MINIMUM AMOUNT.—The Attorney General shall allo-
cate to each State not less than 0.50 percent of the total
amount appropriated in a fiscal year for grants under this
section, except that the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands shall each
be allocated 0.125 percent of the total appropriation.
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118 STAT. 2268
PUBLIC LAW 108–405—OCT. 30, 2004
‘‘(3) LIMITATION.—Grant amounts distributed under para-
graph (1) shall be awarded to conduct DNA analyses of samples
from casework or from victims of crime under subsection (a)(2)
in accordance with the following limitations:
‘‘(A) For fiscal year 2005, not less than 50 percent
of the grant amounts shall be awarded for purposes under
subsection (a)(2).
‘‘(B) For fiscal year 2006, not less than 50 percent
of the grant amounts shall be awarded for purposes under
subsection (a)(2).
‘‘(C) For fiscal year 2007, not less than 45 percent
of the grant amounts shall be awarded for purposes under
subsection (a)(2).
‘‘(D) For fiscal year 2008, not less than 40 percent
of the grant amounts shall be awarded for purposes under
subsection (a)(2).
‘‘(E) For fiscal year 2009, not less than 40 percent
of the grant amounts shall be awarded for purposes under
subsection (a)(2).’’;
(4) in subsection (g)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) a description of the priorities and plan for awarding
grants among eligible States and units of local government,
and how such plan will ensure the effective use of DNA tech-
nology to solve crimes and protect public safety.’’;
(5) in subsection (j), by striking paragraphs (1) and (2)
and inserting the following:
‘‘(1) $151,000,000 for fiscal year 2005;
‘‘(2) $151,000,000 for fiscal year 2006;
‘‘(3) $151,000,000 for fiscal year 2007;
‘‘(4) $151,000,000 for fiscal year 2008; and
‘‘(5) $151,000,000 for fiscal year 2009.’’; and
‘‘(6) by adding at the end the following:
‘‘(k) USE
OF FUNDS
FOR ACCREDITATION
AND AUDITS.—The
Attorney General may distribute not more than 1 percent of the
grant amounts under subsection (j)—
‘‘(1) to States or units of local government to defray the
costs incurred by laboratories operated by each such State
or unit of local government in preparing for accreditation or
reaccreditation;
‘‘(2) in the form of additional grants to States, units of
local government, or nonprofit professional organizations of per-
sons actively involved in forensic science and nationally recog-
nized within the forensic science community—
‘‘(A) to defray the costs of external audits of labora-
tories operated by such State or unit of local government,
which participates in the National DNA Index System,
to determine whether the laboratory is in compliance with
quality assurance standards;
‘‘(B) to assess compliance with any plans submitted
to the National Institute of Justice, which detail the use
of funds received by States or units of local government
under this Act; and
‘‘(C) to support future capacity building efforts; and
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118 STAT. 2269
PUBLIC LAW 108–405—OCT. 30, 2004
‘‘(3) in the form of additional grants to nonprofit profes-
sional associations actively involved in forensic science and
nationally recognized within the forensic science community
to defray the costs of training persons who conduct external
audits of laboratories operated by States and units of local
government and which participate in the National DNA Index
System.
‘‘(l) USE
OF FUNDS
FOR OTHER FORENSIC SCIENCES.—The
Attorney General may award a grant under this section to a State
or unit of local government to alleviate a backlog of cases with
respect to a forensic science other than DNA analysis if the State
or unit of local government—
‘‘(1) certifies to the Attorney General that in such State
or unit—
‘‘(A) all of the purposes set forth in subsection (a)
have been met;
‘‘(B) a significant backlog of casework is not waiting
for DNA analysis; and
‘‘(C) there is no need for significant laboratory equip-
ment, supplies, or additional personnel for timely DNA
processing of casework or offender samples; and
‘‘(2) demonstrates to the Attorney General that such State
or unit requires assistance in alleviating a backlog of cases
involving a forensic science other than DNA analysis.
‘‘(m) EXTERNAL AUDITS AND REMEDIAL EFFORTS.—In the event
that a laboratory operated by a State or unit of local government
which has received funds under this Act has undergone an external
audit conducted to determine whether the laboratory is in compli-
ance with standards established by the Director of the Federal
Bureau of Investigation, and, as a result of such audit, identifies
measures to remedy deficiencies with respect to the compliance
by the laboratory with such standards, the State or unit of local
government shall implement any such remediation as soon as prac-
ticable.’’.
SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM.
(a) INCLUSION OF ALL DNA SAMPLES FROM STATES.—Section
210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132)
is amended—
(1) in subsection (a)(1), by striking ‘‘of persons convicted
of crimes;’’ and inserting the following: ‘‘of—
‘‘(A) persons convicted of crimes;
‘‘(B) persons who have been charged in an indictment
or information with a crime; and
‘‘(C) other persons whose DNA samples are collected
under applicable legal authorities, provided that DNA pro-
files from arrestees who have not been charged in an
indictment or information with a crime, and DNA samples
that are voluntarily submitted solely for elimination pur-
poses shall not be included in the National DNA Index
System;’’; and
(2) in subsection (d)(2)—
(A) by striking ‘‘if the responsible agency’’ and inserting
‘‘if—
‘‘(i) the responsible agency’’;
(B) by striking the period at the end and inserting
‘‘; or’’; and
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(C) by adding at the end the following:
‘‘(ii) the person has not been convicted of an offense
on the basis of which that analysis was or could have
been included in the index, and all charges for which
the analysis was or could have been included in the index
have been dismissed or resulted in acquittal.’’.
(b) FELONS CONVICTED OF FEDERAL CRIMES.—Section 3(d) of
the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135a(d)) is amended to read as follows:
‘‘(d) QUALIFYING FEDERAL OFFENSES.—The offenses that shall
be treated for purposes of this section as qualifying Federal offenses
are the following offenses, as determined by the Attorney General:
‘‘(1) Any felony.
‘‘(2) Any offense under chapter 109A of title 18, United
States Code.
‘‘(3) Any crime of violence (as that term is defined in
section 16 of title 18, United States Code).
‘‘(4) Any attempt or conspiracy to commit any of the
offenses in paragraphs (1) through (3).’’.
(c) MILITARY OFFENSES.—Section 1565(d) of title 10, United
States Code, is amended to read as follows:
‘‘(d) QUALIFYING MILITARY OFFENSES.—The offenses that shall
be treated for purposes of this section as qualifying military offenses
are the following offenses, as determined by the Secretary of
Defense, in consultation with the Attorney General:
‘‘(1) Any offense under the Uniform Code of Military Justice
for which a sentence of confinement for more than one year
may be imposed.
‘‘(2) Any other offense under the Uniform Code of Military
Justice that is comparable to a qualifying Federal offense (as
determined under section 3(d) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a(d))).’’.
(d) KEYBOARD SEARCHES.—Section 210304 of the DNA Identi-
fication Act of 1994 (42 U.S.C. 14132), as amended by subsection
(a), is further amended by adding at the end the following new
subsection:
‘‘(e) AUTHORITY FOR KEYBOARD SEARCHES.—
‘‘(1) IN GENERAL.—The Director shall ensure that any per-
son who is authorized to access the index described in sub-
section (a) for purposes of including information on DNA identi-
fication records or DNA analyses in that index may also access
that index for purposes of carrying out a one-time keyboard
search on information obtained from any DNA sample lawfully
collected for a criminal justice purpose except for a DNA sample
voluntarily submitted solely for elimination purposes.
‘‘(2) DEFINITION.—For purposes of paragraph (1), the term
‘keyboard search’ means a search under which information
obtained from a DNA sample is compared with information
in the index without resulting in the information obtained
from a DNA sample being included in the index.
‘‘(3) NO PREEMPTION.—This subsection shall not be con-
strued to preempt State law.
(e) INCREASED PENALTIES FOR MISUSE OF DNA ANALYSES.—
(1) Section 210305(c)(2) of the DNA Identification Act of 1994 (42
U.S.C. 14133(c)(2)) is amended by striking ‘‘$100,000’’ and inserting
‘‘$250,000, or imprisoned for a period of not more than one year,
or both’’.
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(2) Section 10(c) of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135e(c)) is amended by striking ‘‘$100,000’’
and inserting ‘‘$250,000, or imprisoned for a period of not more
than one year, or both’’.
(f) REPORT TO CONGRESS.—If the Department of Justice plans
to modify or supplement the core genetic markers needed for
compatibility with the CODIS system, it shall notify the Judiciary
Committee of the Senate and the Judiciary Committee of the House
of Representatives in writing not later than 180 days before any
change is made and explain the reasons for such change.
SEC. 204. TOLLING OF STATUTE OF LIMITATIONS.
(a) IN GENERAL.—Chapter 213 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 3297. Cases involving DNA evidence
‘‘In a case in which DNA testing implicates an identified person
in the commission of a felony, except for a felony offense under
chapter 109A, no statute of limitations that would otherwise pre-
clude prosecution of the offense shall preclude such prosecution
until a period of time following the implication of the person by
DNA testing has elapsed that is equal to the otherwise applicable
limitation period.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
213 of title 18, United States Code, is amended by adding at
the end the following:
‘‘3297. Cases involving DNA evidence.’’.
(c) APPLICATION.—The amendments made by this section shall
apply to the prosecution of any offense committed before, on, or
after the date of the enactment of this section if the applicable
limitation period has not yet expired.
SEC. 205. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.
Section 1201 of the Violence Against Women Act of 2000 (42
U.S.C. 3796gg–6) is amended—
(1) in subsection (a), by inserting ‘‘dating violence,’’ after
‘‘domestic violence,’’;
(2) in subsection (b)—
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(B) by inserting before paragraph (2), as redesignated
by subparagraph (A), the following:
‘‘(1) DATING VIOLENCE.—The term ‘dating violence’ means
violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim.
The existence of such a relationship shall be determined based
on a consideration of—
‘‘(A) the length of the relationship;
‘‘(B) the type of relationship; and
‘‘(C) the frequency of interaction between the persons
involved in the relationship.’’; and
(C) in paragraph (3), as redesignated by subparagraph
(A), by inserting ‘‘dating violence,’’ after ‘‘domestic
violence,’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) by inserting ‘‘, dating violence,’’ after ‘‘between
domestic violence’’; and
18 USC 3297
note.
28 USC 531 note.
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118 STAT. 2272
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(ii) by inserting ‘‘dating violence,’’ after ‘‘victims
of domestic violence,’’;
(B) in paragraph (2), by inserting ‘‘dating violence,’’
after ‘‘domestic violence,’’; and
(C) in paragraph (3), by inserting ‘‘dating violence,’’
after ‘‘domestic violence,’’;
(4) in subsection (d)—
(A) in paragraph (1), by inserting ‘‘, dating violence,’’
after ‘‘domestic violence’’;
(B) in paragraph (2), by inserting ‘‘, dating violence,’’
after ‘‘domestic violence’’;
(C) in paragraph (3), by inserting ‘‘, dating violence,’’
after ‘‘domestic violence’’; and
(D) in paragraph (4), by inserting ‘‘dating violence,’’
after ‘‘domestic violence,’’;
(5) in subsection (e), by inserting ‘‘dating violence,’’ after
‘‘domestic violence,’’; and
(6) in subsection (f)(2)(A), by inserting ‘‘dating violence,’’
after ‘‘domestic violence,’’.
SEC. 206. ENSURING PRIVATE LABORATORY ASSISTANCE IN ELIMI-
NATING DNA BACKLOG.
Section 2(d)(3) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135(d)(3)) is amended to read as follows:
‘‘(3) USE OF VOUCHERS OR CONTRACTS FOR CERTAIN PUR-
POSES.—
‘‘(A) IN GENERAL.—A grant for the purposes specified
in paragraph (1), (2), or (5) of subsection (a) may be made
in the form of a voucher or contract for laboratory services,
even if the laboratory makes a reasonable profit for the
services.
‘‘(B) REDEMPTION.—A voucher or contract under
subparagraph (A) may be redeemed at a laboratory oper-
ated on a nonprofit or for-profit basis, by a private entity
that satisfies quality assurance standards and has been
approved by the Attorney General.
‘‘(C) PAYMENTS.—The Attorney General may use
amounts authorized under subsection (j) to make payments
to a laboratory described under subparagraph (B).’’.
TITLE III—DNA SEXUAL ASSAULT
JUSTICE ACT OF 2004
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘DNA Sexual Assault Justice
Act of 2004’’.
SEC. 302. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH
FEDERAL STANDARDS.
Section 210304(b)(2) of the DNA Identification Act of 1994
(42 U.S.C. 14132(b)(2)) is amended to read as follows:
‘‘(2) prepared by laboratories that—
‘‘(A) not later than 2 years after the date of enactment
of the DNA Sexual Assault Justice Act of 2004, have been
accredited by a nonprofit professional association of persons
Deadline.
42 USC 13701
note.
DNA Sexual
Assault Justice
Act of 2004.
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actively involved in forensic science that is nationally recog-
nized within the forensic science community; and
‘‘(B) undergo external audits, not less than once every
2 years, that demonstrate compliance with standards estab-
lished by the Director of the Federal Bureau of Investiga-
tion; and’’.
SEC. 303. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT,
CORRECTIONAL PERSONNEL, AND COURT OFFICERS.
(a) IN GENERAL.—The Attorney General shall make grants
to provide training, technical assistance, education, and information
relating to the identification, collection, preservation, analysis, and
use of DNA samples and DNA evidence by—
(1) law enforcement personnel, including police officers and
other first responders, evidence technicians, investigators, and
others who collect or examine evidence of crime;
(2) court officers, including State and local prosecutors,
defense lawyers, and judges;
(3) forensic science professionals; and
(4) corrections personnel, including prison and jail per-
sonnel, and probation, parole, and other officers involved in
supervision.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $12,500,000 for each of fiscal years 2005 through
2009 to carry out this section.
SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.
(a) IN GENERAL.—The Attorney General shall make grants
to eligible entities to provide training, technical assistance, edu-
cation, equipment, and information relating to the identification,
collection, preservation, analysis, and use of DNA samples and
DNA evidence by medical personnel and other personnel, including
doctors, medical examiners, coroners, nurses, victim service pro-
viders, and other professionals involved in treating victims of sexual
assault and sexual assault examination programs, including SANE
(Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic
Examiner), and SART (Sexual Assault Response Team).
(b) ELIGIBLE ENTITY.—For purposes of this section, the term
‘‘eligible entity’’ includes—
(1) States;
(2) units of local government; and
(3) sexual assault examination programs, including—
(A) sexual assault nurse examiner (SANE) programs;
(B) sexual assault forensic examiner (SAFE) programs;
(C) sexual assault response team (SART) programs;
(D) State sexual assault coalitions;
(E) medical personnel, including doctors, medical exam-
iners, coroners, and nurses, involved in treating victims
of sexual assault; and
(F) victim service providers involved in treating victims
of sexual assault.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $30,000,000 for each of fiscal years 2005 through
2009 to carry out this section.
SEC. 305. DNA RESEARCH AND DEVELOPMENT.
(a) IMPROVING DNA TECHNOLOGY.—The Attorney General shall
make grants for research and development to improve forensic
Grants.
42 USC 14136b.
42 USC 14136a.
Grants.
42 USC 14136.
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DNA technology, including increasing the identification accuracy
and efficiency of DNA analysis, decreasing time and expense, and
increasing portability.
(b) DEMONSTRATION PROJECTS.—The Attorney General shall
make grants to appropriate entities under which research is carried
out through demonstration projects involving coordinated training
and commitment of resources to law enforcement agencies and
key criminal justice participants to demonstrate and evaluate the
use of forensic DNA technology in conjunction with other forensic
tools. The demonstration projects shall include scientific evaluation
of the public safety benefits, improvements to law enforcement
operations, and cost-effectiveness of increased collection and use
of DNA evidence.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $15,000,000 for each of fiscal years 2005 through
2009 to carry out this section.
SEC. 306. NATIONAL FORENSIC SCIENCE COMMISSION.
(a) APPOINTMENT.—The Attorney General shall appoint a
National Forensic Science Commission (in this section referred to
as the ‘‘Commission’’), composed of persons experienced in criminal
justice issues, including persons from the forensic science and
criminal justice communities, to carry out the responsibilities under
subsection (b).
(b) RESPONSIBILITIES.—The Commission shall—
(1) assess the present and future resource needs of the
forensic science community;
(2) make recommendations to the Attorney General for
maximizing the use of forensic technologies and techniques
to solve crimes and protect the public;
(3) identify potential scientific advances that may assist
law enforcement in using forensic technologies and techniques
to protect the public;
(4) make recommendations to the Attorney General for
programs that will increase the number of qualified forensic
scientists available to work in public crime laboratories;
(5) disseminate, through the National Institute of Justice,
best practices concerning the collection and analyses of forensic
evidence to help ensure quality and consistency in the use
of forensic technologies and techniques to solve crimes and
protect the public;
(6) examine additional issues pertaining to forensic science
as requested by the Attorney General;
(7) examine Federal, State, and local privacy protection
statutes, regulations, and practices relating to access to, or
use of, stored DNA samples or DNA analyses, to determine
whether such protections are sufficient;
(8) make specific recommendations to the Attorney General,
as necessary, to enhance the protections described in paragraph
(7) to ensure—
(A) the appropriate use and dissemination of DNA
information;
(B) the accuracy, security, and confidentiality of DNA
information;
(C) the timely removal and destruction of obsolete,
expunged, or inaccurate DNA information; and
42 USC 14136c.
Grants.
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118 STAT. 2275
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(D) that any other necessary measures are taken to
protect privacy; and
(9) provide a forum for the exchange and dissemination
of ideas and information in furtherance of the objectives
described in paragraphs (1) through (8).
(c) PERSONNEL; PROCEDURES.—The Attorney General shall—
(1) designate the Chair of the Commission from among
its members;
(2) designate any necessary staff to assist in carrying out
the functions of the Commission; and
(3) establish procedures and guidelines for the operations
of the Commission.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $500,000 for each of fiscal years 2005 through
2009 to carry out this section.
SEC. 307. FBI DNA PROGRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Federal Bureau of Investigation
$42,100,000 for each of fiscal years 2005 through 2009 to carry
out the DNA programs and activities described under subsection
(b).
(b) PROGRAMS AND ACTIVITIES.—The Federal Bureau of Inves-
tigation may use any amounts appropriated pursuant to subsection
(a) for—
(1) nuclear DNA analysis;
(2) mitochondrial DNA analysis;
(3) regional mitochondrial DNA laboratories;
(4) the Combined DNA Index System;
(5) the Federal Convicted Offender DNA Program; and
(6) DNA research and development.
SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS.
(a) IN GENERAL.—The Attorney General shall make grants
to promote the use of forensic DNA technology to identify missing
persons and unidentified human remains.
(b) REQUIREMENT.—Each State or unit of local government
that receives funding under this section shall be required to submit
the DNA profiles of such missing persons and unidentified human
remains to the National Missing Persons DNA Database of the
Federal Bureau of Investigation.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $2,000,000 for each of fiscal years 2005 through
2009 to carry out this section.
SEC. 309. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED
DISCLOSURE OR USE OF DNA INFORMATION.
Section 10(c) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135e(c)) is amended to read as follows:
‘‘(c) CRIMINAL PENALTY.—A person who knowingly discloses
a sample or result described in subsection (a) in any manner to
any person not authorized to receive it, or obtains or uses, without
authorization, such sample or result, shall be fined not more than
$250,000, or imprisoned for a period of not more than one year.
Each instance of disclosure, obtaining, or use shall constitute a
separate offense under this subsection.’’.
Grants.
42 USC 14136d.
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SEC. 310. TRIBAL COALITION GRANTS.
(a) IN GENERAL.—Section 2001 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended
by adding at the end the following:
‘‘(d) TRIBAL COALITION GRANTS.—
‘‘(1) PURPOSE.—The Attorney General shall award grants
to tribal domestic violence and sexual assault coalitions for
purposes of—
‘‘(A) increasing awareness of domestic violence and
sexual assault against American Indian and Alaska Native
women;
‘‘(B) enhancing the response to violence against Amer-
ican Indian and Alaska Native women at the tribal, Fed-
eral, and State levels; and
‘‘(C) identifying and providing technical assistance to
coalition membership and tribal communities to enhance
access to essential services to American Indian women
victimized by domestic and sexual violence.
‘‘(2) GRANTS TO TRIBAL COALITIONS.—The Attorney General
shall award grants under paragraph (1) to—
‘‘(A) established nonprofit, nongovernmental tribal
coalitions addressing domestic violence and sexual assault
against American Indian and Alaska Native women; and
‘‘(B) individuals or organizations that propose to incor-
porate as nonprofit, nongovernmental tribal coalitions to
address domestic violence and sexual assault against Amer-
ican Indian and Alaska Native women.
‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Receipt of an award
under this subsection by tribal domestic violence and sexual
assault coalitions shall not preclude the coalition from receiving
additional grants under this title to carry out the purposes
described in subsection (b).’’.
(b) TECHNICAL AMENDMENT.—Effective as of November 2, 2002,
and as if included therein as enacted, Public Law 107–273 (116
Stat. 1789) is amended in section 402(2) by striking ‘‘sections 2006
through 2011’’ and inserting ‘‘sections 2007 through 2011’’.
(c) AMOUNTS.—Section 2007 of the Omnibus Crime Control
and Safe Streets Act of 1968 (as redesignated by section 402(2)
of Public Law 107–273, as amended by subsection (b)) is amended
by amending subsection (b)(4) (42 U.S.C. 3796gg–1(b)(4)) to read
as follows:
‘‘(4) 1⁄54 shall be available for grants under section 2001(d);’’.
SEC. 311. EXPANSION OF PAUL COVERDELL FORENSIC SCIENCES
IMPROVEMENT GRANT PROGRAM.
(a) FORENSIC BACKLOG ELIMINATION GRANTS.—Section 2804
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797m) is amended—
(1) in subsection (a)—
(A) by striking ‘‘shall use the grant to carry out’’ and
inserting ‘‘shall use the grant to do any one or more of
the following:
‘‘(1) To carry out’’; and
(B) by adding at the end the following:
‘‘(2) To eliminate a backlog in the analysis of forensic
science evidence, including firearms examination, latent prints,
42 USC
3796gg–1—
3796gg–5,
3796–1 note.
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toxicology, controlled substances, forensic pathology, question-
able documents, and trace evidence.
‘‘(3) To train, assist, and employ forensic laboratory per-
sonnel, as needed, to eliminate such a backlog.’’;
(2) in subsection (b), by striking ‘‘under this part’’ and
inserting ‘‘for the purpose set forth in subsection (a)(1)’’; and
(3) by adding at the end the following:
‘‘(e) BACKLOG DEFINED.—For purposes of this section, a backlog
in the analysis of forensic science evidence exists if such evidence—
‘‘(1) has been stored in a laboratory, medical examiner’s
office, coroner’s office, law enforcement storage facility, or med-
ical facility; and
‘‘(2) has not been subjected to all appropriate forensic
testing because of a lack of resources or personnel.’’.
(b) EXTERNAL AUDITS.—Section 2802 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797k) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) a certification that a government entity exists and
an appropriate process is in place to conduct independent
external investigations into allegations of serious negligence
or misconduct substantially affecting the integrity of the
forensic results committed by employees or contractors of any
forensic laboratory system, medical examiner’s office, coroner’s
office, law enforcement storage facility, or medical facility in
the State that will receive a portion of the grant amount.’’.
(c) THREE-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS.—Section 1001(a)(24) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(G) $20,000,000 for fiscal year 2007;
‘‘(H) $20,000,000 for fiscal year 2008; and
‘‘(I) $20,000,000 for fiscal year 2009.’’.
(d) TECHNICAL AMENDMENT.—Section 1001(a) of such Act, as
amended by subsection (c), is further amended by realigning para-
graphs (24) and (25) so as to be flush with the left margin.
SEC. 312. REPORT TO CONGRESS.
(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit to Con-
gress a report on the implementation of this title and title II
and the amendments made by this title and title II.
(b) CONTENTS.—The report submitted under subsection (a) shall
include a description of—
(1) the progress made by Federal, State, and local entities
in—
(A) collecting and entering DNA samples from
offenders convicted of qualifying offenses for inclusion in
the Combined DNA Index System (referred to in this sub-
section as ‘‘CODIS’’);
(B) analyzing samples from crime scenes, including
evidence collected from sexual assaults and other serious
Certification.
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violent crimes, and entering such DNA analyses in CODIS;
and
(C) increasing the capacity of forensic laboratories to
conduct DNA analyses;
(2) the priorities and plan for awarding grants among
eligible States and units of local government to ensure that
the purposes of this title and title II are carried out;
(3) the distribution of grant amounts under this title and
title II among eligible States and local governments, and
whether the distribution of such funds has served the purposes
of the Debbie Smith DNA Backlog Grant Program;
(4) grants awarded and the use of such grants by eligible
entities for DNA training and education programs for law
enforcement, correctional personnel, court officers, medical per-
sonnel, victim service providers, and other personnel authorized
under sections 303 and 304;
(5) grants awarded and the use of such grants by eligible
entities to conduct DNA research and development programs
to improve forensic DNA technology, and implement demonstra-
tion projects under section 305;
(6) the steps taken to establish the National Forensic
Science Commission, and the activities of the Commission under
section 306;
(7) the use of funds by the Federal Bureau of Investigation
under section 307;
(8) grants awarded and the use of such grants by eligible
entities to promote the use of forensic DNA technology to iden-
tify missing persons and unidentified human remains under
section 308;
(9) grants awarded and the use of such grants by eligible
entities to eliminate forensic science backlogs under the amend-
ments made by section 311;
(10) State compliance with the requirements set forth in
section 313; and
(11) any other matters considered relevant by the Attorney
General.
TITLE IV—INNOCENCE PROTECTION
ACT OF 2004
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Innocence Protection Act of
2004’’.
Subtitle A—Exonerating the Innocent
Through DNA Testing
SEC. 411. FEDERAL POST-CONVICTION DNA TESTING.
(a) FEDERAL CRIMINAL PROCEDURE.—
(1) IN GENERAL.—Part II of title 18, United States Code,
is amended by inserting after chapter 228 the following:
18 USC 3600
note.
Innocence
Protection Act of
2004.
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‘‘CHAPTER 228A—POST-CONVICTION DNA TESTING
‘‘Sec.
‘‘3600. DNA testing.
‘‘3600A. Preservation of biological evidence.
‘‘§ 3600. DNA testing
‘‘(a) IN GENERAL.—Upon a written motion by an individual
under a sentence of imprisonment or death pursuant to a conviction
for a Federal offense (referred to in this section as the ‘applicant’),
the court that entered the judgment of conviction shall order DNA
testing of specific evidence if the court finds that all of the following
apply:
‘‘(1) The applicant asserts, under penalty of perjury, that
the applicant is actually innocent of—
‘‘(A) the Federal offense for which the applicant is
under a sentence of imprisonment or death; or
‘‘(B) another Federal or State offense, if—
‘‘(i) evidence of such offense was admitted during
a Federal death sentencing hearing and exoneration
of such offense would entitle the applicant to a reduced
sentence or new sentencing hearing; and
‘‘(ii) in the case of a State offense—
‘‘(I) the applicant demonstrates that there is
no adequate remedy under State law to permit
DNA testing of the specified evidence relating to
the State offense; and
‘‘(II) to the extent available, the applicant has
exhausted all remedies available under State law
for requesting DNA testing of specified evidence
relating to the State offense.
‘‘(2) The specific evidence to be tested was secured in rela-
tion to the investigation or prosecution of the Federal or State
offense referenced in the applicant’s assertion under paragraph
(1).
‘‘(3) The specific evidence to be tested—
‘‘(A) was not previously subjected to DNA testing and
the applicant did not—
‘‘(i) knowingly and voluntarily waive the right to
request DNA testing of that evidence in a court pro-
ceeding after the date of enactment of the Innocence
Protection Act of 2004; or
‘‘(ii) knowingly fail to request DNA testing of that
evidence in a prior motion for postconviction DNA
testing; or
‘‘(B) was previously subjected to DNA testing and the
applicant is requesting DNA testing using a new method
or technology that is substantially more probative than
the prior DNA testing.
‘‘(4) The specific evidence to be tested is in the possession
of the Government and has been subject to a chain of custody
and retained under conditions sufficient to ensure that such
evidence has not been substituted, contaminated, tampered
with, replaced, or altered in any respect material to the pro-
posed DNA testing.
‘‘(5) The proposed DNA testing is reasonable in scope, uses
scientifically sound methods, and is consistent with accepted
forensic practices.
Applicability.
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‘‘(6) The applicant identifies a theory of defense that—
‘‘(A) is not inconsistent with an affirmative defense
presented at trial; and
‘‘(B) would establish the actual innocence of the
applicant of the Federal or State offense referenced in
the applicant’s assertion under paragraph (1).
‘‘(7) If the applicant was convicted following a trial, the
identity of the perpetrator was at issue in the trial.
‘‘(8) The proposed DNA testing of the specific evidence
may produce new material evidence that would—
‘‘(A) support the theory of defense referenced in para-
graph (6); and
‘‘(B) raise a reasonable probability that the applicant
did not commit the offense.
‘‘(9) The applicant certifies that the applicant will provide
a DNA sample for purposes of comparison.
‘‘(10) The motion is made in a timely fashion, subject to
the following conditions:
‘‘(A) There shall be a rebuttable presumption of timeli-
ness if the motion is made within 60 months of enactment
of the Justice For All Act of 2004 or within 36 months
of conviction, whichever comes later. Such presumption
may be rebutted upon a showing—
‘‘(i) that the applicant’s motion for a DNA test
is based solely upon information used in a previously
denied motion; or
‘‘(ii) of clear and convincing evidence that the
applicant’s filing is done solely to cause delay or harass.
‘‘(B) There shall be a rebuttable presumption against
timeliness for any motion not satisfying subparagraph (A)
above. Such presumption may be rebutted upon the court’s
finding—
‘‘(i) that the applicant was or is incompetent and
such incompetence substantially contributed to the
delay in the applicant’s motion for a DNA test;
‘‘(ii) the evidence to be tested is newly discovered
DNA evidence;
‘‘(iii) that the applicant’s motion is not based solely
upon the applicant’s own assertion of innocence and,
after considering all relevant facts and circumstances
surrounding the motion, a denial would result in a
manifest injustice; or
‘‘(iv) upon good cause shown.
‘‘(C) For purposes of this paragraph—
‘‘(i) the term ‘incompetence’ has the meaning as
defined in section 4241 of title 18, United States Code;
‘‘(ii) the term ‘manifest’ means that which is
unmistakable, clear, plain, or indisputable and requires
that the opposite conclusion be clearly evident.
‘‘(b) NOTICE
TO
THE
GOVERNMENT; PRESERVATION
ORDER;
APPOINTMENT OF COUNSEL.—
‘‘(1) NOTICE.—Upon the receipt of a motion filed under
subsection (a), the court shall—
‘‘(A) notify the Government; and
‘‘(B) allow the Government a reasonable time period
to respond to the motion.
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‘‘(2) PRESERVATION
ORDER.—To the extent necessary to
carry out proceedings under this section, the court shall direct
the Government to preserve the specific evidence relating to
a motion under subsection (a).
‘‘(3) APPOINTMENT OF COUNSEL.—The court may appoint
counsel for an indigent applicant under this section in the
same manner as in a proceeding under section 3006A(a)(2)(B).
‘‘(c) TESTING PROCEDURES.—
‘‘(1) IN GENERAL.—The court shall direct that any DNA
testing ordered under this section be carried out by the Federal
Bureau of Investigation.
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the court
may order DNA testing by another qualified laboratory if the
court makes all necessary orders to ensure the integrity of
the specific evidence and the reliability of the testing process
and test results.
‘‘(3) COSTS.—The costs of any DNA testing ordered under
this section shall be paid—
‘‘(A) by the applicant; or
‘‘(B) in the case of an applicant who is indigent, by
the Government.
‘‘(d) TIME LIMITATION IN CAPITAL CASES.—In any case in which
the applicant is sentenced to death—
‘‘(1) any DNA testing ordered under this section shall be
completed not later than 60 days after the date on which
the Government responds to the motion filed under subsection
(a); and
‘‘(2) not later than 120 days after the date on which the
DNA testing ordered under this section is completed, the court
shall order any post-testing procedures under subsection (f)
or (g), as appropriate.
‘‘(e) REPORTING OF TEST RESULTS.—
‘‘(1) IN GENERAL.—The results of any DNA testing ordered
under this section shall be simultaneously disclosed to the
court, the applicant, and the Government.
‘‘(2) NDIS.—The Government shall submit any test results
relating to the DNA of the applicant to the National DNA
Index System (referred to in this subsection as ‘NDIS’).
‘‘(3) RETENTION OF DNA SAMPLE.—
‘‘(A) ENTRY
INTO
NDIS.—If the DNA test results
obtained under this section are inconclusive or show that
the applicant was the source of the DNA evidence, the
DNA sample of the applicant may be retained in NDIS.
‘‘(B) MATCH WITH OTHER OFFENSE.—If the DNA test
results obtained under this section exclude the applicant
as the source of the DNA evidence, and a comparison
of the DNA sample of the applicant results in a match
between the DNA sample of the applicant and another
offense, the Attorney General shall notify the appropriate
agency and preserve the DNA sample of the applicant.
‘‘(C) NO
MATCH.—If the DNA test results obtained
under this section exclude the applicant as the source
of the DNA evidence, and a comparison of the DNA sample
of the applicant does not result in a match between the
DNA sample of the applicant and another offense, the
Attorney General shall destroy the DNA sample of the
applicant and ensure that such information is not retained
Deadlines.
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in NDIS if there is no other legal authority to retain
the DNA sample of the applicant in NDIS.
‘‘(f) POST-TESTING PROCEDURES; INCONCLUSIVE AND INCULPA-
TORY RESULTS.—
‘‘(1) INCONCLUSIVE RESULTS.—If DNA test results obtained
under this section are inconclusive, the court may order further
testing, if appropriate, or may deny the applicant relief.
‘‘(2) INCULPATORY RESULTS.—If DNA test results obtained
under this section show that the applicant was the source
of the DNA evidence, the court shall—
‘‘(A) deny the applicant relief; and
‘‘(B) on motion of the Government—
‘‘(i) make a determination whether the applicant’s
assertion of actual innocence was false, and, if the
court makes such a finding, the court may hold the
applicant in contempt;
‘‘(ii) assess against the applicant the cost of any
DNA testing carried out under this section;
‘‘(iii) forward the finding to the Director of the
Bureau of Prisons, who, upon receipt of such a finding,
may deny, wholly or in part, the good conduct credit
authorized under section 3632 on the basis of that
finding;
‘‘(iv) if the applicant is subject to the jurisdiction
of the United States Parole Commission, forward the
finding to the Commission so that the Commission
may deny parole on the basis of that finding; and
‘‘(v) if the DNA test results relate to a State
offense, forward the finding to any appropriate State
official.
‘‘(3) SENTENCE.—In any prosecution of an applicant under
chapter 79 for false assertions or other conduct in proceedings
under this section, the court, upon conviction of the applicant,
shall sentence the applicant to a term of imprisonment of
not less than 3 years, which shall run consecutively to any
other term of imprisonment the applicant is serving.
‘‘(g) POST-TESTING PROCEDURES; MOTION FOR NEW TRIAL OR
RESENTENCING.—
‘‘(1) IN
GENERAL.—Notwithstanding any law that would
bar a motion under this paragraph as untimely, if DNA test
results obtained under this section exclude the applicant as
the source of the DNA evidence, the applicant may file a
motion for a new trial or resentencing, as appropriate. The
court shall establish a reasonable schedule for the applicant
to file such a motion and for the Government to respond to
the motion.
‘‘(2) STANDARD FOR GRANTING MOTION FOR NEW TRIAL OR
RESENTENCING.—The court shall grant the motion of the
applicant for a new trial or resentencing, as appropriate, if
the DNA test results, when considered with all other evidence
in the case (regardless of whether such evidence was introduced
at trial), establish by compelling evidence that a new trial
would result in an acquittal of—
‘‘(A) in the case of a motion for a new trial, the Federal
offense for which the applicant is under a sentence of
imprisonment or death; and
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‘‘(B) in the case of a motion for resentencing, another
Federal or State offense, if evidence of such offense was
admitted during a Federal death sentencing hearing and
exoneration of such offense would entitle the applicant
to a reduced sentence or a new sentencing proceeding.
‘‘(h) OTHER LAWS UNAFFECTED.—
‘‘(1) POST-CONVICTION RELIEF.—Nothing in this section shall
affect the circumstances under which a person may obtain
DNA testing or post-conviction relief under any other law.
‘‘(2) HABEAS CORPUS.—Nothing in this section shall provide
a basis for relief in any Federal habeas corpus proceeding.
‘‘(3) NOT A MOTION UNDER SECTION 2255.—A motion under
this section shall not be considered to be a motion under section
2255 for purposes of determining whether the motion or any
other motion is a second or successive motion under section
2255.
‘‘§ 3600A. Preservation of biological evidence
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
the Government shall preserve biological evidence that was secured
in the investigation or prosecution of a Federal offense, if a defend-
ant is under a sentence of imprisonment for such offense.
‘‘(b) DEFINED TERM.—For purposes of this section, the term
‘biological evidence’ means—
‘‘(1) a sexual assault forensic examination kit; or
‘‘(2) semen, blood, saliva, hair, skin tissue, or other identi-
fied biological material.
‘‘(c) APPLICABILITY.—Subsection (a) shall not apply if—
‘‘(1) a court has denied a request or motion for DNA testing
of the biological evidence by the defendant under section 3600,
and no appeal is pending;
‘‘(2) the defendant knowingly and voluntarily waived the
right to request DNA testing of the biological evidence in a
court proceeding conducted after the date of enactment of the
Innocence Protection Act of 2004;
‘‘(3) after a conviction becomes final and the defendant
has exhausted all opportunities for direct review of the convic-
tion, the defendant is notified that the biological evidence may
be destroyed and the defendant does not file a motion under
section 3600 within 180 days of receipt of the notice;
‘‘(4)(A) the evidence must be returned to its rightful owner,
or is of such a size, bulk, or physical character as to render
retention impracticable; and
‘‘(B) the Government takes reasonable measures to remove
and preserve portions of the material evidence sufficient to
permit future DNA testing; or
‘‘(5) the biological evidence has already been subjected to
DNA testing under section 3600 and the results included the
defendant as the source of such evidence.
‘‘(d) OTHER PRESERVATION REQUIREMENT.—Nothing in this sec-
tion shall preempt or supersede any statute, regulation, court order,
or other provision of law that may require evidence, including
biological evidence, to be preserved.
‘‘(e) REGULATIONS.—Not later than 180 days after the date
of enactment of the Innocence Protection Act of 2004, the Attorney
General shall promulgate regulations to implement and enforce
Deadline.
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118 STAT. 2284
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this section, including appropriate disciplinary sanctions to ensure
that employees comply with such regulations.
‘‘(f) CRIMINAL PENALTY.—Whoever knowingly and intentionally
destroys, alters, or tampers with biological evidence that is required
to be preserved under this section with the intent to prevent that
evidence from being subjected to DNA testing or prevent the produc-
tion or use of that evidence in an official proceeding, shall be
fined under this title, imprisoned for not more than 5 years, or
both.
‘‘(g) HABEAS CORPUS.—Nothing in this section shall provide
a basis for relief in any Federal habeas corpus proceeding.’’.
(2) CLERICAL AMENDMENT.—The chapter analysis for part
II of title 18, United States Code, is amended by inserting
after the item relating to chapter 228 the following:
‘‘228A. Post-conviction DNA testing ............................................................... 3600’’.
(b) SYSTEM FOR REPORTING MOTIONS.—
(1) ESTABLISHMENT.—The Attorney General shall establish
a system for reporting and tracking motions filed in accordance
with section 3600 of title 18, United States Code.
(2) OPERATION.—In operating the system established under
paragraph (1), the Federal courts shall provide to the Attorney
General any requested assistance in operating such a system
and in ensuring the accuracy and completeness of information
included in that system.
(3) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Attorney General shall submit a report
to Congress that contains—
(A) a list of motions filed under section 3600 of title
18, United States Code, as added by this title;
(B) whether DNA testing was ordered pursuant to
such a motion;
(C) whether the applicant obtained relief on the basis
of DNA test results; and
(D) whether further proceedings occurred following a
granting of relief and the outcome of such proceedings.
(4) ADDITIONAL INFORMATION.—The report required to be
submitted under paragraph (3) may include any other informa-
tion the Attorney General determines to be relevant in
assessing the operation, utility, or costs of section 3600 of
title 18, United States Code, as added by this title, and any
recommendations the Attorney General may have relating to
future legislative action concerning that section.
(c) EFFECTIVE DATE; APPLICABILITY.—This section and the
amendments made by this section shall take effect on the date
of enactment of this Act and shall apply with respect to any offense
committed, and to any judgment of conviction entered, before, on,
or after that date of enactment.
SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING
GRANT PROGRAM.
(a) IN GENERAL.—The Attorney General shall establish the
Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to
award grants to States to help defray the costs of post-conviction
DNA testing.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $5,000,000 for each of fiscal years 2005 through
2009 to carry out this section.
42 USC 14136e.
18 USC 3600
note.
18 USC 3600
note.
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(c) STATE DEFINED.—For purposes of this section, the term
‘‘State’’ means a State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION
OF CLAIMS OF ACTUAL INNOCENCE.
For each of fiscal years 2005 through 2009, all funds appro-
priated to carry out sections 303, 305, 308, and 412 shall be reserved
for grants to eligible entities that—
(1) meet the requirements under section 303, 305, 308,
or 412, as appropriate; and
(2) demonstrate that the State in which the eligible entity
operates—
(A) provides post-conviction DNA testing of specified
evidence—
(i) under a State statute enacted before the date
of enactment of this Act (or extended or renewed after
such date), to persons convicted after trial and under
a sentence of imprisonment or death for a State felony
offense, in a manner that ensures a reasonable process
for resolving claims of actual innocence; or
(ii) under a State statute enacted after the date
of enactment of this Act, or under a State rule, regula-
tion, or practice, to persons under a sentence of impris-
onment or death for a State felony offense, in a manner
comparable to section 3600(a) of title 18, United States
Code (provided that the State statute, rule, regulation,
or practice may make post-conviction DNA testing
available in cases in which such testing is not required
by such section), and if the results of such testing
exclude the applicant, permits the applicant to apply
for post-conviction relief, notwithstanding any provi-
sion of law that would otherwise bar such application
as untimely; and
(B) preserves biological evidence secured in relation
to the investigation or prosecution of a State offense—
(i) under a State statute or a State or local rule,
regulation, or practice, enacted or adopted before the
date of enactment of this Act (or extended or renewed
after such date), in a manner that ensures that reason-
able measures are taken by all jurisdictions within
the State to preserve such evidence; or
(ii) under a State statute or a State or local rule,
regulation, or practice, enacted or adopted after the
date of enactment of this Act, in a manner comparable
to section 3600A of title 18, United States Code, if—
(I) all jurisdictions within the State comply
with this requirement; and
(II) such jurisdictions may preserve such evi-
dence for longer than the period of time that such
evidence would be required to be preserved under
such section 3600A.
42 USC 14136
note.
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Subtitle B—Improving the Quality of
Representation in State Capital Cases
SEC. 421. CAPITAL REPRESENTATION IMPROVEMENT GRANTS.
(a) IN GENERAL.—The Attorney General shall award grants
to States for the purpose of improving the quality of legal represen-
tation provided to indigent defendants in State capital cases.
(b) DEFINED TERM.—In this section, the term ‘‘legal representa-
tion’’ means legal counsel and investigative, expert, and other serv-
ices necessary for competent representation.
(c) USE OF FUNDS.—Grants awarded under subsection (a)—
(1) shall be used to establish, implement, or improve an
effective system for providing competent legal representation
to—
(A) indigents charged with an offense subject to capital
punishment;
(B) indigents who have been sentenced to death and
who seek appellate or collateral relief in State court; and
(C) indigents who have been sentenced to death and
who seek review in the Supreme Court of the United States;
and
(2) shall not be used to fund, directly or indirectly, represen-
tation in specific capital cases.
(d) APPORTIONMENT OF FUNDS.—
(1) IN GENERAL.—Of the funds awarded under subsection
(a)—
(A) not less than 75 percent shall be used to carry
out the purpose described in subsection (c)(1)(A); and
(B) not more than 25 percent shall be used to carry
out the purpose described in subsection (c)(1)(B).
(2) WAIVER.—The Attorney General may waive the require-
ment under this subsection for good cause shown.
(e) EFFECTIVE SYSTEM.—As used in subsection (c)(1), an effec-
tive system for providing competent legal representation is a system
that—
(1) invests the responsibility for appointing qualified attor-
neys to represent indigents in capital cases—
(A) in a public defender program that relies on staff
attorneys, members of the private bar, or both, to provide
representation in capital cases;
(B) in an entity established by statute or by the highest
State court with jurisdiction in criminal cases, which is
composed of individuals with demonstrated knowledge and
expertise in capital cases, except for individuals currently
employed as prosecutors; or
(C) pursuant to a statutory procedure enacted before
the date of the enactment of this Act under which the
trial judge is required to appoint qualified attorneys from
a roster maintained by a State or regional selection com-
mittee or similar entity; and
(2) requires the program described in paragraph (1)(A),
the entity described in paragraph (1)(B), or an appropriate
entity designated pursuant to the statutory procedure described
in paragraph (1)(C), as applicable, to—
(A) establish qualifications for attorneys who may be
appointed to represent indigents in capital cases;
42 USC 14163.
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(B) establish and maintain a roster of qualified attor-
neys;
(C) except in the case of a selection committee or
similar entity described in paragraph (1)(C), assign 2 attor-
neys from the roster to represent an indigent in a capital
case, or provide the trial judge a list of not more than
2 pairs of attorneys from the roster, from which 1 pair
shall be assigned, provided that, in any case in which
the State elects not to seek the death penalty, a court
may find, subject to any requirement of State law, that
a second attorney need not remain assigned to represent
the indigent to ensure competent representation;
(D) conduct, sponsor, or approve specialized training
programs for attorneys representing defendants in capital
cases;
(E)(i) monitor the performance of attorneys who are
appointed and their attendance at training programs; and
‘‘(ii) remove from the roster attorneys who—
‘‘(I) fail to deliver effective representation or
engage in unethical conduct;
‘‘(II) fail to comply with such requirements as such
program, entity, or selection committee or similar
entity may establish regarding participation in training
programs; or
‘‘(III) during the past 5 years, have been sanctioned
by a bar association or court for ethical misconduct
relating to the attorney’s conduct as defense counsel
in a criminal case in Federal or State court; and
(F) ensure funding for the cost of competent legal rep-
resentation by the defense team and outside experts
selected by counsel, who shall be compensated—
(i) in the case of a State that employs a statutory
procedure described in paragraph (1)(C), in accordance
with the requirements of that statutory procedure; and
(ii) in all other cases, as follows:
(I) Attorneys employed by a public defender
program shall be compensated according to a
salary scale that is commensurate with the salary
scale of the prosecutor’s office in the jurisdiction.
(II) Appointed attorneys shall be compensated
for actual time and service, computed on an hourly
basis and at a reasonable hourly rate in light
of the qualifications and experience of the attorney
and the local market for legal representation in
cases reflecting the complexity and responsibility
of capital cases.
(III) Non-attorney members of the defense
team, including investigators, mitigation special-
ists, and experts, shall be compensated at a rate
that reflects the specialized skills needed by those
who assist counsel with the litigation of death
penalty cases.
(IV) Attorney and non-attorney members of
the defense team shall be reimbursed for reason-
able incidental expenses.
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SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS.
(a) IN GENERAL.—The Attorney General shall award grants
to States for the purpose of enhancing the ability of prosecutors
to effectively represent the public in State capital cases.
(b) USE OF FUNDS.—
(1) PERMITTED USES.—Grants awarded under subsection
(a) shall be used for one or more of the following:
(A) To design and implement training programs for
State and local prosecutors to ensure effective representa-
tion in State capital cases.
(B) To develop and implement appropriate standards
and qualifications for State and local prosecutors who liti-
gate State capital cases.
(C) To assess the performance of State and local
prosecutors who litigate State capital cases, provided that
such assessment shall not include participation by the
assessor in the trial of any specific capital case.
(D) To identify and implement any potential legal
reforms that may be appropriate to minimize the potential
for error in the trial of capital cases.
(E) To establish a program under which State and
local prosecutors conduct a systematic review of cases in
which a death sentence was imposed in order to identify
cases in which post-conviction DNA testing may be appro-
priate.
(F) To provide support and assistance to the families
of murder victims.
(2) PROHIBITED
USE.—Grants awarded under subsection
(a) shall not be used to fund, directly or indirectly, the prosecu-
tion of specific capital cases.
SEC. 423. APPLICATIONS.
(a) IN GENERAL.—The Attorney General shall establish a
process through which a State may apply for a grant under this
subtitle.
(b) APPLICATION.—
(1) IN GENERAL.—A State desiring a grant under this sub-
title shall submit an application to the Attorney General at
such time, in such manner, and containing such information
as the Attorney General may reasonably require.
(2) CONTENTS.—Each application submitted under para-
graph (1) shall contain—
(A) a certification by an appropriate officer of the State
that the State authorizes capital punishment under its
laws and conducts, or will conduct, prosecutions in which
capital punishment is sought;
(B) a description of the communities to be served by
the grant, including the nature of existing capital defender
services and capital prosecution programs within such
communities;
(C) a long-term statewide strategy and detailed
implementation plan that—
(i) reflects consultation with the judiciary, the
organized bar, and State and local prosecutor and
defender organizations; and
(ii) establishes as a priority improvement in the
quality of trial-level representation of indigents
Certification.
Procedures.
42 USC 14163b.
42 USC 14163a.
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charged with capital crimes and trial-level prosecution
of capital crimes;
(D) in the case of a State that employs a statutory
procedure described in section 421(e)(1)(C), a certification
by an appropriate officer of the State that the State is
in substantial compliance with the requirements of the
applicable State statute; and
(E) assurances that Federal funds received under this
subtitle shall be—
(i) used to supplement and not supplant non-Fed-
eral funds that would otherwise be available for activi-
ties funded under this subtitle; and
(ii) allocated in accordance with section 426(b).
SEC. 424. STATE REPORTS.
(a) IN GENERAL.—Each State receiving funds under this subtitle
shall submit an annual report to the Attorney General that—
(1) identifies the activities carried out with such funds;
and
(2) explains how each activity complies with the terms
and conditions of the grant.
(b) CAPITAL REPRESENTATION IMPROVEMENT GRANTS.—With
respect to the funds provided under section 421, a report under
subsection (a) shall include—
(1) an accounting of all amounts expended;
(2) an explanation of the means by which the State—
(A) invests the responsibility for identifying and
appointing qualified attorneys to represent indigents in
capital cases in a program described in section 421(e)(1)(A),
an entity described in section 421(e)(1)(B), or a selection
committee 
or 
similar 
entity 
described 
in 
section
421(e)(1)(C); and
(B) requires such program, entity, or selection com-
mittee or similar entity, or other appropriate entity des-
ignated pursuant to the statutory procedure described in
section 421(e)(1)(C), to—
(i) establish qualifications for attorneys who may
be appointed to represent indigents in capital cases
in accordance with section 421(e)(2)(A);
(ii) establish and maintain a roster of qualified
attorneys in accordance with section 421(e)(2)(B);
(iii) assign attorneys from the roster in accordance
with section 421(e)(2)(C);
(iv) conduct, sponsor, or approve specialized
training programs for attorneys representing defend-
ants in capital cases in accordance with section
421(e)(2)(D);
(v) monitor the performance and training program
attendance of appointed attorneys, and remove from
the roster attorneys who fail to deliver effective rep-
resentation or fail to comply with such requirements
as such program, entity, or selection committee or
similar entity may establish regarding participation
in training programs, in accordance with section
421(e)(2)(E); and
(vi) ensure funding for the cost of competent legal
representation by the defense team and outside experts
42 USC 14163c.
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118 STAT. 2290
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selected by counsel, in accordance with section
421(e)(2)(F), including a statement setting forth—
(I) if the State employs a public defender pro-
gram under section 421(e)(1)(A), the salaries
received by the attorneys employed by such pro-
gram and the salaries received by attorneys in
the prosecutor’s office in the jurisdiction;
(II) if the State employs appointed attorneys
under section 421(e)(1)(B), the hourly fees received
by such attorneys for actual time and service and
the basis on which the hourly rate was calculated;
(III) the amounts paid to non-attorney mem-
bers of the defense team, and the basis on which
such amounts were determined; and
(IV) the amounts for which attorney and non-
attorney members of the defense team were
reimbursed for reasonable incidental expenses;
(3) in the case of a State that employs a statutory procedure
described in section 421(e)(1)(C), an assessment of the extent
to which the State is in compliance with the requirements
of the applicable State statute; and
(4) a statement confirming that the funds have not been
used to fund representation in specific capital cases or to sup-
plant non-Federal funds.
(c) CAPITAL PROSECUTION IMPROVEMENT GRANTS.—With respect
to the funds provided under section 422, a report under subsection
(a) shall include—
(1) an accounting of all amounts expended;
(2) a description of the means by which the State has—
(A) designed and established training programs for
State and local prosecutors to ensure effective representa-
tion in State capital cases in accordance with section
422(b)(1)(A);
(B) developed and implemented appropriate standards
and qualifications for State and local prosecutors who liti-
gate State capital cases in accordance with section
422(b)(1)(B);
(C) assessed the performance of State and local
prosecutors who litigate State capital cases in accordance
with section 422(b)(1)(C);
(D) identified and implemented any potential legal
reforms that may be appropriate to minimize the potential
for error in the trial of capital cases in accordance with
section 422(b)(1)(D);
(E) established a program under which State and local
prosecutors conduct a systematic review of cases in which
a death sentence was imposed in order to identify cases
in which post-conviction DNA testing may be appropriate
in accordance with section 422(b)(1)(E); and
(F) provided support and assistance to the families
of murder victims; and
(3) a statement confirming that the funds have not been
used to fund the prosecution of specific capital cases or to
supplant non-Federal funds.
(d) PUBLIC DISCLOSURE
OF ANNUAL STATE REPORTS.—The
annual reports to the Attorney General submitted by any State
under this section shall be made available to the public.
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118 STAT. 2291
PUBLIC LAW 108–405—OCT. 30, 2004
SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND ADMINISTRA-
TIVE REMEDIES.
(a) EVALUATION BY INSPECTOR GENERAL.—
(1) IN GENERAL.—As soon as practicable after the end of
the first fiscal year for which a State receives funds under
a grant made under this subtitle, the Inspector General of
the Department of Justice (in this section referred to as the
‘‘Inspector General’’) shall—
(A) submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the
Judiciary of the Senate a report evaluating the compliance
by the State with the terms and conditions of the grant;
and
(B) if the Inspector General concludes that the State
is not in compliance with the terms and conditions of
the grant, specify any deficiencies and make recommenda-
tions to the Attorney General for corrective action.
(2) PRIORITY.—In conducting evaluations under this sub-
section, the Inspector General shall give priority to States that
the Inspector General determines, based on information sub-
mitted by the State and other comments provided by any other
person, to be at the highest risk of noncompliance.
(3) DETERMINATION FOR STATUTORY PROCEDURE STATES.—
For each State that employs a statutory procedure described
in section 421(e)(1)(C), the Inspector General shall submit to
the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate, not later
than the end of the first fiscal year for which such State
receives funds, a determination as to whether the State is
in substantial compliance with the requirements of the
applicable State statute.
(4) COMMENTS FROM PUBLIC.—The Inspector General shall
receive and consider comments from any member of the public
regarding any State’s compliance with the terms and conditions
of a grant made under this subtitle. To facilitate the receipt
of such comments, the Inspector General shall maintain on
its website a form that any member of the public may submit,
either electronically or otherwise, providing comments. The
Inspector General shall give appropriate consideration to all
such public comments in reviewing reports submitted under
section 424 or in establishing the priority for conducting evalua-
tions under this section.
(b) ADMINISTRATIVE REVIEW.—
(1) COMMENT.—Upon the submission of a report under
subsection (a)(1) or a determination under subsection (a)(3),
the Attorney General shall provide the State with an oppor-
tunity to comment regarding the findings and conclusions of
the report or the determination.
(2) CORRECTIVE ACTION PLAN.—If the Attorney General,
after reviewing a report under subsection (a)(1) or a determina-
tion under subsection (a)(3), determines that a State is not
in compliance with the terms and conditions of the grant,
the Attorney General shall consult with the appropriate State
authorities to enter into a plan for corrective action. If the
State does not agree to a plan for corrective action that has
been approved by the Attorney General within 90 days after
the submission of the report under subsection (a)(1) or the
Deadline.
Deadline.
Reports.
42 USC 14163d.
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118 STAT. 2292
PUBLIC LAW 108–405—OCT. 30, 2004
determination under subsection (a)(3), the Attorney General
shall, within 30 days, issue guidance to the State regarding
corrective action to bring the State into compliance.
(3) REPORT TO CONGRESS.—Not later than 90 days after
the earlier of the implementation of a corrective action plan
or the issuance of guidance under paragraph (2), the Attorney
General shall submit a report to the Committee on the Judiciary
of the House of Representatives and the Committee on the
Judiciary of the Senate as to whether the State has taken
corrective action and is in compliance with the terms and
conditions of the grant.
(c) PENALTIES FOR NONCOMPLIANCE.—If the State fails to take
the prescribed corrective action under subsection (b) and is not
in compliance with the terms and conditions of the grant, the
Attorney General shall discontinue all further funding under sec-
tions 421 and 422 and require the State to return the funds granted
under such sections for that fiscal year. Nothing in this paragraph
shall prevent a State which has been subject to penalties for non-
compliance from reapplying for a grant under this subtitle in
another fiscal year.
(d) PERIODIC REPORTS.—During the grant period, the Inspector
General shall periodically review the compliance of each State with
the terms and conditions of the grant.
(e) ADMINISTRATIVE COSTS.—Not less than 2.5 percent of the
funds appropriated to carry out this subtitle for each of fiscal
years 2005 through 2009 shall be made available to the Inspector
General for purposes of carrying out this section. Such sums shall
remain available until expended.
(f) SPECIAL RULE FOR ‘‘STATUTORY PROCEDURE’’ STATES NOT
IN SUBSTANTIAL COMPLIANCE WITH STATUTORY PROCEDURES.—
(1) IN GENERAL.—In the case of a State that employs a
statutory procedure described in section 421(e)(1)(C), if the
Inspector General submits a determination under subsection
(a)(3) that the State is not in substantial compliance with
the requirements of the applicable State statute, then for the
period beginning with the date on which that determination
was submitted and ending on the date on which the Inspector
General determines that the State is in substantial compliance
with the requirements of that statute, the funds awarded under
this subtitle shall be allocated solely for the uses described
in section 421.
(2) RULE OF CONSTRUCTION.—The requirements of this sub-
section apply in addition to, and not instead of, the other
requirements of this section.
SEC. 426. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION FOR GRANTS.—There are authorized to be
appropriated $75,000,000 for each of fiscal years 2005 through
2009 to carry out this subtitle.
(b) RESTRICTION ON USE OF FUNDS TO ENSURE EQUAL ALLOCA-
TION.—Each State receiving a grant under this subtitle shall allo-
cate the funds equally between the uses described in section 421
and the uses described in section 422, except as provided in section
425(f).
42 USC 14163e.
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118 STAT. 2293
PUBLIC LAW 108–405—OCT. 30, 2004
LEGISLATIVE HISTORY—H.R. 5107:
HOUSE REPORTS: No. 108–711 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed House.
Oct. 9, considered and passed Senate.
Subtitle C—Compensation for the
Wrongfully Convicted
SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES FOR THE
WRONGFULLY CONVICTED.
Section 2513(e) of title 28, United States Code, is amended
by striking ‘‘exceed the sum of $5,000’’ and inserting ‘‘exceed
$100,000 for each 12-month period of incarceration for any plaintiff
who was unjustly sentenced to death and $50,000 for each 12-
month period of incarceration for any other plaintiff’’.
SEC. 432. SENSE OF CONGRESS REGARDING COMPENSATION IN STATE
DEATH PENALTY CASES.
It is the sense of Congress that States should provide reason-
able compensation to any person found to have been unjustly con-
victed of an offense against the State and sentenced to death.
Approved October 30, 2004.
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