Page:United States Statutes at Large Volume 118.djvu/2314

 118 STAT. 2284 PUBLIC LAW 108–405—OCT. 30, 2004 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 produc tion 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.’’. (2) CLERICAL AMENDMENT.—The chapter analysis for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 228 the following: ‘‘228A. Post conviction DNA testing ............................................................... 3600’’. (b) SYSTEM FOR REPORTING MOTIONS.— (1) ESTABLISHMENT.—The Attorney General shall establish a system for reporting and tracking motions filed in accordance with section 3600 of title 18, United States Code. (2) OPERATION.—In operating the system established under paragraph (1), the Federal courts shall provide to the Attorney General any requested assistance in operating such a system and in ensuring the accuracy and completeness of information included in that system. (3) REPORT.—Not later than 2 years after the date of enact ment of this Act, the Attorney General shall submit a report to Congress that contains— (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 following 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 informa tion 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. (c) EFFECTIVE DATE; APPLICABILITY.—This section and the amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to any offense committed, and to any judgment of conviction entered, before, on, or after that date of enactment. SEC. 412. KIRK BLOODSWORTH POST CONVICTION DNA TESTING GRANT PROGRAM. (a) IN GENERAL.—The Attorney General shall establish the Kirk Bloodsworth Post Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post conviction DNA testing. (b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $5,000,000 for each of fiscal years 2005 through 2009 to carry out this section. 42 USC 14136e. 18 USC 3600 note. 18 USC 3600 note.

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