2013 US Code
Title 18 - Crimes and Criminal Procedure
Part II - CRIMINAL PROCEDURE (§§ 3001 - 3771)
Chapter 228A - POST-CONVICTION DNA TESTING (§§ 3600 - 3600A)
Section 3600A - Preservation of biological evidence
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 228A - POST-CONVICTION DNA TESTING Sec. 3600A - Preservation of biological evidence |
Contains | section 3600A |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 108-405, title IV, §411(a)(1), Oct. 30, 2004, 118 Stat. 2283. |
Statutes at Large Reference | 118 Stat. 2283 |
Public Law References | Public Law 108-405 |
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(a)
(b)
(1) a sexual assault forensic examination kit; or
(2) semen, blood, saliva, hair, skin tissue, or other identified biological material.
(c)
(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;
(3) 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;
(4)(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
(5) 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)
(e)
(f)
(g)
(Added Pub. L. 108–405, title IV, §411(a)(1), Oct. 30, 2004, 118 Stat. 2283.)
REFERENCES IN TEXTThe date of enactment of the Innocence Protection Act of 2004, referred to in subsecs. (c)(2) and (e), is the date of enactment of Pub. L. 108–405, which was approved Oct. 30, 2004.
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