PRIA, Government Policy, Made Personal

Summary

The Government must keep biological evidence collected in a federal criminal case when the person convicted is sent to prison. Biological evidence means a sexual assault forensic exam kit or things like semen, blood, saliva, hair, skin tissue, or other identified body material. The duty to keep evidence does not apply if, after all direct appeals are finished, the defendant is told the evidence may be destroyed and does not file a motion under section 3600 within 180 days of that notice; or if the item must be returned to its owner or is too large to keep but the Government reasonably saves pieces big enough for future DNA testing; or if DNA testing under section 3600 already showed the defendant as the source. The Attorney General had to make rules to enforce this within 180 days of the Innocence Protection Act of 2004. Anyone who knowingly destroys or tampers with required biological evidence to stop DNA testing or its use in a proceeding can be fined, jailed up to 5 years, or both. This rule does not create a basis for relief in federal habeas corpus.

Title 18, §3600A

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Innocence Protection Act of 2004, referred to in subsec. (e), is the date of enactment of Pub. L. 108–405, which was approved Oct. 30, 2004.

Amendments

2016—Subsec. (a). Pub. L. 114–324, § 11(b)(1), substituted “sentenced to” for “under a sentence of”. Subsec. (c). Pub. L. 114–324, § 11(b)(2), redesignated pars. (3) to (5) as (1) to (3), respectively, and struck out former pars. (1) and (2) which read as follows: “(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;”.

§3600A Preservation of Biological Evidence