Page:United States Statutes at Large Volume 118.djvu/2315

 118 STAT. 2285 PUBLIC LAW 108–405—OCT. 30, 2004 (c) STATE DEFINED.—For purposes of this section, the term ‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION OF CLAIMS OF ACTUAL INNOCENCE. For each of fiscal years 2005 through 2009, all funds appro priated to carry out sections 303, 305, 308, and 412 shall be reserved for grants to eligible entities that— (1) meet the requirements under section 303, 305, 308, or 412, as appropriate; and (2) demonstrate that the State in which the eligible entity operates— (A) provides post conviction DNA testing of specified evidence— (i) under a State statute enacted before the date of enactment of this Act (or extended or renewed after such date), to persons convicted after trial and under a sentence of imprisonment or death for a State felony offense, in a manner that ensures a reasonable process for resolving claims of actual innocence; or (ii) under a State statute enacted after the date of enactment of this Act, or under a State rule, regula tion, or practice, to persons under a sentence of impris onment or death for a State felony offense, in a manner comparable to section 3600(a) of title 18, United States Code (provided that the State statute, rule, regulation, or practice may make post conviction DNA testing available in cases in which such testing is not required by such section), and if the results of such testing exclude the applicant, permits the applicant to apply for post conviction relief, notwithstanding any provi sion of law that would otherwise bar such application as untimely; and (B) preserves biological evidence secured in relation to the investigation or prosecution of a State offense— (i) under a State statute or a State or local rule, regulation, or practice, enacted or adopted before the date of enactment of this Act (or extended or renewed after such date), in a manner that ensures that reason able measures are taken by all jurisdictions within the State to preserve such evidence; or (ii) under a State statute or a State or local rule, regulation, or practice, enacted or adopted after the date of enactment of this Act, in a manner comparable to section 3600A of title 18, United States Code, if— (I) all jurisdictions within the State comply with this requirement; and (II) such jurisdictions may preserve such evi dence for longer than the period of time that such evidence would be required to be preserved under such section 3600A. 42 USC 14136 note.

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