Sec. 303. Notification relating to forensic, prosecutorial, or law enforcement misconduct
198 words·~1 min read·
/bill/115/hr/4261/ih/section-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 30 days after a finding by the Attorney General that a Federal prosecutor or law enforcement officer involved in a Federal criminal case has engaged in misconduct or a Federal forensic facility or technician has provided flawed analysis or testimony, the Attorney General shall inform each defendant in whose case that prosecutor, law enforcement officer, forensic facility, or forensic technician was involved. The Attorney General shall permit notified defendants and their counsel access to— the forensic evidence underlying the defendant’s case to be re-tested by another validated Government facility as well as by the defendant’s independent forensic expert at the Government’s expense; and the investigative and prosecutorial case file in the defendant’s case, including any attorney work product.
The Attorney General’s failure to comply with any requirement of this section entitles the defendant to appropriate judicial relief. A defendant who receives a notice under subsection
(a)and whose conviction has become final is entitled to seek judicial relief under section 2255 of title 28, United States Code, notwithstanding any procedural limitation or bar to such relief, so long as the defendant exercised due diligence in seeking relief after receiving the notice described in subsection (a).