Editorial Notes

References in Text

Enactment of the Justice For All Act of 2004, referred to in subsec. (a)(10)(A), is the enactment of Pub. L. 108–405, which was approved Oct. 30, 2004.

Amendments

2016—Subsec. (a). Pub. L. 114–324, § 11(a)(1), substituted “sentenced to” for “under a sentence of” in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 114–324, § 11(a)(1), substituted “sentenced to” for “under a sentence of”.

Subsec. (a)(1)(B)(i). Pub. L. 114–324, § 11(a)(2)(A), struck out “death” after “Federal”.

Subsec. (a)(3)(A). Pub. L. 114–324, § 11(a)(2)(B), struck out dash after “the applicant did not” and cl. (ii) designation before “knowingly fail” and struck out cl. (i) which read as follows: “knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of the Innocence Protection Act of 2004; or”.

Subsec. (b)(1)(C). Pub. L. 114–324, § 11(a)(3), added subpar. (C).

Subsec. (e)(1). Pub. L. 114–324, § 11(a)(4)(A), amended par. (1) generally. Prior to amendment, text read as follows: “The results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government.”

Subsec. (e)(2). Pub. L. 114–324, § 11(a)(4)(B), substituted “to NDIS” for “to the National DNA Index System (referred to in this subsection as ‘NDIS’)”.

Subsec. (g)(2)(A). Pub. L. 114–324, § 11(a)(1), substituted “sentenced to” for “under a sentence of”.

Subsec. (g)(2)(B). Pub. L. 114–324, § 11(a)(5), struck out “death” after “during a Federal”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 108–405, title IV, § 411(c), Oct. 30, 2004, 118 Stat. 2284, provided that: “This section [enacting this chapter and provisions set out as a note under this section] and the amendments made by this section shall take effect on the date of enactment of this Act [Oct. 30, 2004] and shall apply with respect to any offense committed, and to any judgment of conviction entered, before, on, or after that date of enactment.”

Short Title of 2004 Amendment

Pub. L. 108–405, title IV, § 401, Oct. 30, 2004, 118 Stat. 2278, provided that: “This title [enacting this chapter and sections 14136e and 14163 to 14163e of Title 42, The Public Health and Welfare, amending section 2513 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under this section and section 14136 of Title 42] may be cited as the ‘Innocence Protection Act of 2004’.”

System for Reporting Motions

Pub. L. 108–405, title IV, § 411(b), Oct. 30, 2004, 118 Stat. 2284, provided that:

“(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 enactment of this Act [Oct. 30, 2004], 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 information 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.”