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18 U.S.C. § 3600A — Preservation of biological evidence
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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Source location: Title 18, Chapter 228A, § 3600A; chapter-228a-post-conviction-dna-testing.md
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**(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 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 production 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.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 832
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3600A
1 Editorially supplied.
2 So in original. Does not conform to subchapter heading.
‘‘(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 fol-
lowing 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 information 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.’’
§ 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 in-
vestigation or prosecution of a Federal offense,
if a defendant is sentenced to imprisonment for
such offense.
(b) DEFINED TERM.—For purposes of this sec-
tion, 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 o
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3600A
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.