18 U.S.C. § 3600A — Preservation of biological evidence
submitted 22 years ago by Pub. L. 108-405 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 367 words · no verdicts yet
This section requires preservation of certain biological evidence in federal cases, sets exceptions, and creates a criminal penalty for intentional destruction or tampering.
(a) In General. Despite any other law, the Government must preserve biological evidence obtained in investigating or prosecuting a Federal offense when the defendant is sentenced to imprisonment.
(b) Defined 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) does not apply if (1) after conviction is final and direct review is exhausted, the defendant is told the evidence may be destroyed and does not file a section 3600 motion within 180 days; (2)(A) the evidence must be returned to its owner or is impractical to retain because of size, bulk, or physical character, and (B) the Government reasonably removes and preserves enough material for future DNA testing; or (3) section 3600 testing already included the defendant as the source.
(d) Other Preservation Requirement. This section does not override any law, regulation, court order, or other rule requiring evidence to be preserved. (e) Regulations. Within 180 days after enactment of the Innocence Protection Act of 2004, the Attorney General must issue and enforce regulations, including discipline to ensure compliance. (f) Criminal Penalty. Anyone who knowingly and intentionally destroys, alters, or tampers with required evidence to prevent DNA testing or its production or use in an official proceeding may be fined under this title, imprisoned up to five years, or both. (g) Habeas Corpus. This section itself cannot support relief in federal habeas corpus.
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.
For purposes of this section, the term “biological evidence” means—
a sexual assault forensic examination kit; or
semen, blood, saliva, hair, skin tissue, or other identified biological material.
Subsection (a) shall not apply if—
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;
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
the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing; or
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.
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.
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.
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.
Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.
Source credit: (Added Pub. L. 108–405, title IV, § 411(a)(1), Oct. 30, 2004, 118 Stat. 2283; amended Pub. L. 114–324, § 11(b), Dec. 16, 2016, 130 Stat. 1957.)
- 2004Enacted · Pub. L. 108-405 · 118 Stat. 2283
- 2016Amended · Pub. L. 114-324 · 130 Stat. 1957
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-405 on 2004-10-30.
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