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108th CONGRESS
1st Session
S. 1700
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 training 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 1, 2003
Mr. Hatch (for himself, Mr. Biden, Mr. Specter, Mr. Leahy, Mr. DeWine,
Mrs. Feinstein, Mr. Smith, Mr. Kennedy, Ms. Collins, Mr. Schumer, Mr.
Warner, Mr. Durbin, Mr. Campbell, Mr. Kohl, Mrs. Clinton, Ms. Cantwell,
Mrs. Murray, and Ms. Landrieu) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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 training 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 ``Advancing Justice
Through DNA Technology Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003
Sec. 101. Short title.
Sec. 102. Debbie Smith DNA Backlog Grant Program.
Sec. 103. Expansion of Combined DNA Index System.
Sec. 104. Tolling of statute of limitations.
Sec. 105. Legal assistance for victims of violence.
Sec. 106. Ensuring private laboratory assistance in eliminating DNA
backlog.
TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003
Sec. 201. Short title.
Sec. 202. Ensuring public crime laboratory compliance with Federal
standards.
Sec. 203. DNA training and education for law enforcement, correctional
personnel, and court officers.
Sec. 204. Sexual assault forensic exam program grants.
Sec. 205. DNA research and development.
Sec. 206. FBI DNA programs.
Sec. 207. DNA identification of missing persons.
Sec. 208. Enhanced criminal penalties for unauthorized disclosure or
use of DNA information.
Sec. 209. Tribal coalition grants.
Sec. 210. Expansion of Paul Coverdell Forensic Science Improvement
Grant Program.
Sec. 211. Report to Congress.
TITLE III--INNOCENCE PROTECTION ACT OF 2003
Sec. 301. Short title.
Subtitle A--Exonerating the Innocent Through DNA Testing
Sec. 311. Federal post-conviction DNA testing.
Sec. 312. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 313. Incentive grants to States to ensure consideration of claims
of actual innocence.
Subtitle B--Improving the Quality of Representation in State Capital
Cases
Sec. 321. Capital representation improvement grants.
Sec. 322. Capital prosecution improvement grants.
Sec. 323. Applications.
Sec. 324. State reports.
Sec. 325. Evaluations by Inspector General and administrative remedies.
Sec. 326. Authorization of appropriations.
Subtitle C--Compensation for the Wrongfully Convicted
Sec. 331. Increased compensation in Federal cases for the wrongfully
convicted.
Sec. 332. Sense of Congress regarding compensation in State death
penalty cases.
TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003
SEC. 101. SHORT TITLE.
This title may be cited as the ``Rape Kits and DNA Evidence Backlog
Elimination Act of 2003''.
SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.
(a) Designation of Program; Eligibility of Local Governments as
Grantees.--Section 2 of the DNA Analysis Backlog Elimination 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 samples 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
(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
government'' 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
technology to solve crimes and protect public safety;
and
``(B) allocates grants among eligible entities
fairly and efficiently to address areas where
significant backlogs 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 I violent crimes
in the jurisdiction.
``(2) Minimum amount.--The Attorney General shall allocate
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.
``(3) Limitation.--Grant amounts distributed under
paragraph (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 technology
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
persons actively involved in forensic science and nationally
recognized within the forensic science community--
``(A) to defray the costs of external audits of
laboratories operated by such State or unit of local
government, which are participating in the National DNA
Index System in order to ensure 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
``(3) in the form of additional grants to nonprofit
professional 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
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