Sec. 11. POST-CONVICTION DNA TESTING

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## SEC. 11 POST-CONVICTION DNA TESTING ###

(a)In general Section 3600 of title 18, United States Code, is amended— ####

(1)by striking “under a sentence of” in each place it appears and inserting “sentenced to”; ####

(2)in subsection (a)— #####

(A)in paragraph (1)(B)(i), by striking “death”; and #####

(B)in paragraph (3)(A), by striking “and the applicant did not—” and all that follows through “knowingly fail to request” and inserting “and the applicant did not knowingly fail to request”; ####

(3)in subsection (b)(1)— #####

(A)in subparagraph (A), by striking “and” at the end; #####

(B)in subparagraph (B), by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following: > > ##### “(C) > > order the Government to— > > > ###### “(i) > > prepare an inventory of the evidence related to the case; and > > > ###### “(ii) > > issue a copy of the inventory to the court, the applicant, and the Government.” > ; ####

(4)in subsection (e)— #####

(A)by amending paragraph

(1)to read as follows: > > #### “(1) Results > > > ##### “(A) In general > > The results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government. > > > ##### “(B) Results exclude applicant > > > ###### “(i) In general > > If a DNA profile is obtained through testing that excludes the applicant as the source and the DNA complies with the Federal Bureau of Investigation’s requirements for the uploading of crime scene profiles to the National DNA Index System (referred to in this subsection as ‘NDIS’), the court shall order that the law enforcement entity with direct or conveyed statutory jurisdiction that has access to the NDIS submit the DNA profile obtained from probative biological material from crime scene evidence to determine whether the DNA profile matches a profile of a known individual or a profile from an unsolved crime. > > > ###### “(ii) NDIS search > > The results of a search under clause

(i)shall be simultaneously disclosed to the court, the applicant, and the Government.” > ; and #####

(B)in paragraph (2), by striking “the National DNA Index System (referred to in this subsection as ‘NDIS’)” and inserting “NDIS”; and ####

(5)in subsection (g)(2)(B), by striking “death”. ###

(b)Preservation of Biological Evidence Section 3600A of title 18, United States Code, is amended— ####

(1)in subsection (a), by striking “under a sentence of” and inserting “sentenced to”; and ####

(2)in subsection (c)— #####

(A)by striking paragraphs

(1)and (2); and #####

(B)by redesignating paragraphs (3), (4), and

(5)as paragraphs (1), (2), and (3), respectively.