| Home > 106th Congressional Bills > S. 3045 (es) To improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes, and for other purposes. [Engrossed in Senate] ...
S. 3045 (es) To improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes, and for other purposes. [Engrossed in Senate] ...
(7) in more than a dozen cases, post-conviction DNA testing
that has exonerated an innocent person has also enhanced public
safety by providing evidence that led to the apprehension of the
(8) experience has shown that it is not unduly burdensome to
make DNA testing available to inmates in appropriate cases;
(9) under current Federal and State law, it is difficult to
obtain post-conviction DNA testing because of time limits on
introducing newly discovered evidence;
(10) the National Commission on the Future of DNA Evidence, a
Federal panel established by the Department of Justice and
comprised of law enforcement, judicial, and scientific experts, has
urged that post-conviction DNA testing be permitted in the
relatively small number of cases in which it is appropriate,
notwithstanding procedural rules that could be invoked to preclude
such testing, and notwithstanding the inability of an inmate to pay
for the testing;
(11) only a few States have adopted post-conviction DNA testing
(12) States have received millions of dollars in DNA-related
grants, and more funding is needed to improve State forensic
facilities and to reduce the nationwide backlog of DNA samples from
convicted offenders and crime scenes that need to be tested or
retested using upgraded methods;
(13) States that accept such financial assistance should not
deny the promise of truth and justice for both sides of our
adversarial system that DNA testing offers;
(14) post-conviction DNA testing and other post-conviction
investigative techniques have shown that innocent people have been
sentenced to death in this country;
(15) a constitutional error in capital cases is incompetent
defense lawyers who fail to present important evidence that the
defendant may have been innocent or does not deserve to be
sentenced to death; and
(16) providing quality representation to defendants facing loss
of liberty or life is essential to fundamental due process and the
speedy final resolution of judicial proceedings.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress should condition forensic science-related grants
to a State or State forensic facility on the State's agreement to
ensure post-conviction DNA testing in appropriate cases; and
(2) Congress should work with the States to improve the quality
of legal representation in capital cases through the establishment
of standards that will assure the timely appointment of competent
counsel with adequate resources to represent defendants in capital
cases at each stage of the proceedings.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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