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34 U.S.C. § 40722 — DNA training and education for law enforcement, correctional personnel, and court officers
Federal law — U.S. Code and appendices · legal_authorities
**(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 personnel, 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 2019 through 2024 to carry out this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40722
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Source file: Laws/federal/codes/united-states-code/title-34/section-40722-dna-training-and-education-for-law-enforcement-correctional-personnel-an--571440635f.md
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Source location: Title 34, Chapter 407, § 40722; chapter-407-dna-identification.md
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**(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 personnel, 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 2019 through 2024 to carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 defendant is sentenced to 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 identified biological material.
**(c) Applicability.—** Subsection (a) shall not apply if—
(1) after a conviction becomes final and the defendant has exhausted all opportunities for direct review of the conviction, 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;
(2)
(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
(3) 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 section 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 this section, including appropriate disciplinary sanctions to ensure
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 14136 was editorially reclassified as [section 40722 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40722&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14136
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Federal law — U.S. Code and appendices · legal_authorities
Page 614
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 40721
(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 ob-
tains or uses, without authorization, such sam-
ple 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, ob-
taining, or use shall constitute a separate of-
fense under this subsection.
(Pub. L. 106–546, § 10, Dec. 19, 2000, 114 Stat. 2735;
Pub. L. 108–405, title II, § 203(e)(2), title III, § 309,
Oct. 30, 2004, 118 Stat. 2271, 2275.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 14135e of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–405, § 309, reenacted
heading without change and amended text generally.
Prior to amendment, text read as follows: ‘‘A person
who knowingly—
‘‘(1) discloses a sample or result described in sub-
section (a) of this section in any manner to any per-
son not authorized to receive it; or
‘‘(2) obtains, without authorization, a sample or re-
sult described in subsection (a) of this section,
shall be fined not more than $250,000, or imprisoned for
a period of not more than one year, or both.’’
Pub. L. 108–405, § 203(e)(2), substituted ‘‘$250,000, or im-
prisoned for a period of not more than one year, or
both’’ for ‘‘$100,000’’ in concluding provisions.
SUBCHAPTER II—TRAINING, TECHNOLOGY,
RESEARCH, AND EXPANDED USE
§ 40721. Report to Congress on plans to modify
CODIS system
If the Department of Justice plans to modify
or supplement the core genetic markers needed
for compatibility with the
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 40722
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