LEAHY-SPECTER-FEINSTEIN-BIDEN-DURBIN-EDWARDS

The substitute amendment to the Innocence Protection Act provides safeguards to prevent wrongful convictions and executions. The substitute amendment provides greater access to DNA testing, helps States improve the quality of legal representation in capital cases, and ensures that defendants are not executed while their case is being heard by the U.S. Supreme Court. The substitute amendment tightens procedures for DNA testing and reduces federal mandates with regard to competent counsel.

Sec. 2. Severability clause. This standard severability clause states that if any provision of the Act is held to be unconstitutional, the remainder of the Act is not affected.

Sec. 101. DNA testing in Federal criminal justice system. This section establishes rules and procedures governing applications for DNA testing by inmates in the federal system. It authorizes DNA testing where the testing has the scientific potential to produce new, noncumulative evidence that is material to the applicant’s claim of innocence, and that raises a reasonable probability that he or she would not have been convicted. Limitations on access to testing are imposed where the applicant seeks to interfere with the administration of justice rather than to support a valid claim. Where test results are exculpatory, the court shall order a hearing and make such further orders as may be appropriate under existing law. Where test results are inculpatory, the court shall assess the applicant for the cost of the testing and submit his or her DNA to the CODIS database.

This section also prohibits the destruction of biological evidence in a criminal case while a defendant remains incarcerated, absent prior notification to the defendant of the government’s intent to destroy the evidence. Violations of this preservation provision are punishable by fine or, in the case of willful and malicious violations, imprisonment.

Sec. 102. DNA testing in State criminal justice system. This section conditions receipt of federal grants for DNA-related programs on assurances that the State will adopt adequate procedures for preserving DNA evidence and making DNA testing available to inmates. The State must also agree that, in cases where DNA testing exonerates an inmate, it will investigate the causes of such unjust convictions and take steps to prevent such errors in future cases.

Sec. 103. Prohibition pursuant to section 5 of the 14th Amendment. This section prohibits States from denying State prisoners access to evidence for the purpose of DNA testing, where such testing has the scientific potential to produce new, noncumulative evidence that is material to the prisoner’s claim of innocence, and that raises a reasonable probability that he or she would not have been convicted. Prisoners may sue for declaratory or injunctive relief to enforce this prohibition.

Sec. 104. Grants to prosecutors for DNA testing programs. This section permits States to use grants under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs to fund the growing number of prosecutor-initiated programs that review convictions to identify cases in which DNA testing is appropriate and that offer DNA testing to inmates in such cases.

Sec. 201. Capital Representation System Improvement Grants. This section establishes a grant program administered by the Department of Justice (DOJ) to improve the quality of legal representation provided to indigent defendants in State capital cases. States that choose to accept federal funds agree to create or improve an effective system for providing competent legal representation in capital cases. An effective system is one in which an independent entity establishes qualifications for attorneys who may be appointed to represent indigents, identifies and appoints attorneys who meet these qualifications, and trains and monitors the performance of such attorneys. Attorneys are to be paid reasonable compensation at a rate comparable to the typical federal rate.

The following funds are authorized to carry out the grant programs: FY03: $50 million; FY04: $75 million; FY05 and FY06: $100 million per year; FY07: $75 million; FY08: $50 million. In the first year, the federal government may pay up to 100% of the cost of the new program; in subsequent years, the State’s share increases. If Congress fails to appropriate sufficient funding in a fiscal year, up to 10% of the Byrne block grant may be used for this purpose.

Each State receiving funds under this section must submit an annual report to DOJ. Both DOJ and the General Accounting Office are to submit periodic reports to Congress evaluating State activities under the program. The Attorney General monitors whether a State has established and maintained an effective system and may direct the State to take steps to achieve compliance.

Sec. 202. Enforcement Suits. A person may bring a civil suit in federal district court against an officer of a State receiving federal funds under section 201, alleging that the State has failed to maintain an effective capital representation system as required under the grant program. Such suits may not be brought until one year after the State first receives federal assistance, and if more than one suit is filed they are to be consolidated. The Attorney General may intervene in such suits, and where he does so, he assumes responsibility for conducting the action. If the court finds that the State has not met the grant conditions, it may order injunctive or declaratory relief, but not money damages. The pendency of such a suit will not result in suspension of a grant to the State, except as ordered by a court.

Sec. 203. Grants to Qualified Capital Defender Organizations. If a State does not qualify or does not apply for a grant under section 201, a qualified capital defender organization in that State may apply for grant funds. Such defender organizations must be comprised of attorneys who have experience in capital cases. Grants to such organizations may be used to strengthen systems, recruit and train attorneys, and augment the organization’s resources for providing competent representation in capital cases. Funds may not be used to sponsor political activities advocating abolition of the death penalty.

Sec. 301. Protecting the rights of death row inmates to review of cases granted certiorari. This section is designed to ensure that a defendant who is granted certiorari by the Supreme Court (an action requiring four affirmative votes by qualified Justices), but who is not granted a stay of execution by the Court (an action requiring five affirmative votes), is not executed while awaiting review of his case.

Sec. 401. Increased compensation in Federal cases. This section increases the maximum amount of damages that the U.S. Court of Federal Claims may award against the United States in cases of unjust imprisonment from a flat $5,000 to $10,000 per year.

Sec. 402. Sense of Congress regarding compensation in State death penalty cases. This section expresses the sense of Congress that States should provide reasonable compensation to any person found to have been unjustly convicted of an offense against the State and sentenced to death.

Sec. 501. Student loan repayment for public attorneys. This section encourages qualified individuals to enter and continue employment as prosecutors and public defenders by establishing a program to repay Stafford loans for both prosecutors and defenders who agree to remain employed for the required period of service. This section also extends Perkins loan forgiveness – currently available only to prosecutors – to public defenders. Repayment benefits may not exceed $6,000 in a single calendar year, or a total of $40,000 for any individual.