,,ii  #aacth ,,congress  #ast ,session  
,s4 #hbb  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,april #be1 #bjac   
,mr4 ,leahy 7for himself and ,mr4       
,cornyn7 introduced the following bill2 
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to protect crime victims' rights1 to 
eliminate the substantial backlog of    
,,dna samples collected from crime      
scenes and convicted offenders1 to      
improve and expand the ,,dna testing    
capacity of ,federal1 ,state1 and local 
crime laboratories1 to increase research
 and development of new ,,dna testing   
technologies1 to develop new training   
programs regarding the collection and   
use of ,,dna evidence1 to provide post  
conviction testing of ,,dna evidence to 
exonerate the innocent1 to improve the  
performance of counsel in ,state capital
 cases1 and for other purposes4  #a4    
,short title ,this ,act may be cited as 
the ,justice for ,all ,reauthorization  
,act of #bjac4  #b4 ,crime victims'     

rights  7a7 ,in general ,section #cgga  
of title #ah1 ,united ,states ,code1 is 
amended--  7#a7 in subsection 7a71 by   
adding at the end the following3  7#i7  
,the right to be informed of the rights 
under this section and the services     
described in section #ejc7;c7 of the    
,victims' ,rights and ,restitution ,act 
of #aiij 7#db ,u4,s4,c4 #ajfjg7;c77 and 
provided contact information for the    
,office of the ,victims' ,rights        
,ombudsman of the ,department of        
,justice4  2  7#b7 in subsection        
7d77#c71 in the fifth sentence1 by      
inserting 1 unless the litigants1 with  
the approval of the court1 have         
stipulated to a different time period   
for consideration before the period2 and
  7#c7 in subsection 7e7--  7,a7 by     
striking this chapter1 the term and     
inserting the following3 8this chapter3 
7#a7 ,court of appeals ,the term court  
of appeals means--  7,a7 the ,united    
,states court of appeals for the        
judicial district in which a defendant  

is being prosecuted2 or  7,b7 for a     
prosecution in the ,superior ,court of  
the ,district of ,columbia1 the         
,district of ,columbia ,court of        
,appeals4  7#b7 ,crime victim  7,a7 ,in 
general ,the term  2  7,b7 by striking  
,in the case and inserting the          
following3  7,b7 ,minors and certain    
other victims ,in the case  2 and  7,c7 
by adding at the end the following3     
7#c7 ,district court2 court ,the terms  
district court and court include the    
,superior ,court of the ,district of    
,columbia4  4  7b7 ,crime victims fund  
,section #adjb7;d77#c7 of the ,victims  
of ,crime ,act of #aihd 7#db ,u4,s4,c4  
#ajfja7;d77#c7 is amended--  7#a7 by    
inserting 7,a7 before ,of the sums2 and 
7#b7 by adding at the end the following3
  7,b7 ,amounts made available under    
subparagraph 7,a7 may not be used for   
any purpose that is not specified in    
subparagraph 7,a74  4  #c4              
,authorization of appropriations for    
grants for crime victims  7a7 ,crime    

victims legal assistance grants ,section
 #ajc7;b7 of the ,justice for ,all ,act 
of #bjjd 7,public ,law #ajh-dje2 #aah   
,stat4 #bbfd7 is amended--  7#a7 in     
paragraph 7#a71 by striking #b1jjj1jjj  
and all that follows through #bjji and  
inserting #e1jjj1jjj for each of fiscal 
years #bjad1 #bjae1 #bjaf1 #bjag1 and   
#bjah2  7#b7 in paragraph 7#b71 by      
striking #b1jjj1jjj and all that follows
 through #bjji1 and inserting #e1jjj1jjj
 for each of fiscal years #bjad1 #bjae1 
#bjaf1 #bjag1 and #bjah2  7#c7 in       
paragraph 7#c71 by striking #cjj1jjj and
 all that follows through #bjji1 and    
inserting #ejj1jjj for each of fiscal   
years #bjad1 #bjae1 #bjaf1 #bjag1 and   
#bjah2  7#d7 in paragraph 7#d71 by      
striking #g1jjj1jjj and all that follows
 through #bjji1 and inserting           
#aa1jjj1jjj for each of fiscal years    
#bjad1 #bjae1 #bjaf1 #bjag1 and #bjah2  
and  7#e7 in paragraph 7#e71 by striking
 #e1jjj1jjj and all that follows through
 #bjji1 and inserting #g1jjj1jjj for    

each of fiscal years #bjad1 #bjae1      
#bjaf1 #bjag1 and #bjah4  7b7 ,crime    
victims notification grants ,section    
#adjd;,e7c7 of the ,victims of ,crime   
,act of #aihd 7#db ,u4,s4,c4            
#ajfjc;e7c77 is amended by striking this
 section-- and all that follows and     
inserting this section #e1jjj1jjj for   
each of fiscal years #bjad1 #bjae1      
#bjaf1 #bjag1 and #bjah44  #d4 ,debbie  
,smith ,,dna ,backlog ,grant ,program   
,section #b7;j7 of the ,,dna ,analysis  
,backlog ,elimination ,act of #bjjj 7#db
 ,u4,s4,c4 #adace7;j77 is amended by    
striking fiscal years #bjji through     
#bjad and inserting fiscal years #bjad  
through #bjah4  #e4 ,rape exam payments 
,section #bjaj7;d77#b7 of title ,i of   
the ,omnibus ,crime ,control and ,safe  
,streets ,act of #aifh 7#db ,u4,s4,c4   
#cgif;gg-#d7;d77#b77 is amended by      
striking enactment of this ,act and     
inserting enactment of the ,violence    
,against ,women ,reauthorization ,act of
 #bjac4  #f4 ,additional                

reauthorizations  7a7 ,,dna training and
 education for law enforcement ,section 
#cjc7;b7 of the ,justice for ,all ,act  
of #bjjd 7#db ,u4,s4,c4 #adacf7;b77 is  
amended by striking #ab1ejj1jjj for each
 of fiscal years #bjji through #bjad and
 inserting #e1jjj1jjj for each of fiscal
 years #bjad through #bjah4  7b7 ,sexual
 assault forensic exam program grants   
,section #cjd7;c7 of the ,justice for   
,all ,act of #bjjd 7#db ,u4,s4,c4       
#adacf;a7c77 is amended by striking     
#cj1jjj1jjj for each of #bjad through   
#bjah and inserting #ae1jjj1jjj for each
 of fiscal years #bjad through #bjah4   
7c7 ,,dna research and development      
,section #cje7;c7 of the ,justice for   
,all ,act of #bjjd 7#db ,u4,s4,c4       
#adacf;b7c77 is amended by striking     
#ae1jjj1jjj for each of fiscal years    
#bjje through #bjji and inserting       
#e1jjj1jjj for each of fiscal years     
#bjad through #bjah4  7d7 ,,fbi ,,dna   
programs ,section #cjg7;a7 of the       
,justice for ,all ,act of #bjjd 7,public

 ,law #ajh-dje2 #aah ,stat4 #bbge7 is   
amended by striking #db1ajj1jjj for each
 of fiscal years #bjje through #bjji and
 inserting #aj1jjj1jjj for each of      
fiscal years #bjad through #bjah4  7e7  
,,dna identification of missing persons 
,section #cjh7;c7 of the ,justice for   
,all ,act of #bjjd 7#db ,u4,s4,c4       
#adacf;d7c77 is amended by striking     
fiscal years #bjje through #bjji and    
inserting fiscal years #bjad through    
#bjah4  #g4 ,paul ,coverdell ,forensic  
,sciences ,improvement ,grants ,section 
#ajja7;a77#bd7 of title ,i of the       
,omnibus ,crime ,control and ,safe      
,streets ,act of #aifh 7#db ,u4,s4,c4   
#cgic7;a77#bd77 is amended--  7#a7 in   
subparagraph 7,h71 by striking and at   
the end2  7#b7 in subparagraph 7,i71 by 
striking the period at the end and      
inserting 2 and2 and  7#c7 by adding at 
the end the following3  7,j7 #be1jjj1jjj
 for each of fiscal years #bjad through 
#bjah4  4  #h4 ,improving the quality of
 representation in ,state capital cases 

,section #dbf of the ,justice for ,all  
,act of #bjjd 7#db ,u4,s4,c4 #adafc;e7  
is amended--  7#a7 in subsection 7a71 by
 striking #ge1jjj1jjj for each of fiscal
 years #bjje through #bjji and inserting
 #cj1jjj1jjj for each of fiscal years   
#bjad through #bjah2 and  7#b7 in       
subsection 7b71 by inserting before the 
period at the end the following3 1 or   
upon a showing of good cause1 and at the
 discretion of the ,attorney ,general1  
the ,state may determine a fair         
allocation of funds across the uses     
described in sections #dba and #dbb4    
#i4 ,post-conviction ,,dna testing  7a7 
,in general ,section #cfjj of title #ah1
 ,united ,states ,code1 is amended--    
7#a7 in subsection 7a7--  7,a7 in       
paragraph 7#a77;,b77i71 by striking     
death2 and  7,b7 in paragraph 7#c77;,a71
 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     
request2 and  7#b7 in subsection        

7g77#b77;,b71 by striking death4  7b7   
,preservation of biological evidence    
,section #cfjj;,a7c7 of title #ah1      
,united ,states ,code1 is amended--     
7#a7 by striking paragraph 7#b72 and    
7#b7 by redesignating paragraphs 7#c71  
7#d71 and 7#e7 as paragraphs 7#b71 7#c71
 and 7#d71 respectively4  #aj4          
,incentive grants to ,states to ensure  
consideration of claims of actual       
innocence  7a7 ,in general ,section #dac
 of the ,justice for ,all ,act of #bjjd 
7#db ,u4,s4,c4 #adacf note7 is amended--
  7#a7 in the matter preceding paragraph
 7#a71 by striking fiscal years #bjje   
through #bjji and inserting fiscal years
 #bjad through #bjah2 and  7#b7 by      
striking paragraph 7#b7 and inserting   
the following3  7#b7 for eligible       
entities that are a ,state or unit of   
local government1 provide a             
certification by the chief legal officer
 of the ,state in which the eligible    
entity operates or the chief legal      
officer of the jurisdiction in which the

 funds will be used for the purposes of 
the grants1 that the ,state or          
jurisdiction--  7,a7 provides ,,dna     
testing of specified evidence under a   
,state statute or a ,state or local rule
 or regulation to persons convicted     
after trial and under a sentence of     
imprisonment or death for a ,state      
felony offense1 in a manner intended to 
ensure a reasonable process for         
resolving claims of actual innocence    
that ensures post-conviction ,,dna      
testing in at least those cases that    
would be covered by section #cfjj7;a7 of
 title #ah1 ,united ,states ,code1 had  
they been ,federal cases1 and1 if the   
results of the testing exclude the      
applicant as the perpetrator of the     
offense1 permits the applicant to apply 
for post-conviction relief1             
notwithstanding any provision of law    
that would otherwise bar the application
 as untimely2 and  7,b7 preserves       
biological evidence1 as defined in      
section #cfjj;,a of title #ah1 ,united  

,states ,code1 under a ,state statute or
 a ,state or local rule1 regulation1 or 
practice in a manner intended to ensure 
that reasonable measures are taken by   
the ,state or jurisdiction to preserve  
biological evidence secured in relation 
to the investigation or prosecution of1 
at a minimum1 murder1 non-negligent     
manslaughter and sexual offenses4  4    
7b7 ,authorization of appropriations    
,section #dab7;b7 of the ,justice for   
,all ,act of #bjjd 7#db ,u4,s4,c4       
#adacf;e7b77 is amended by striking     
#e1jjj1jjj for each of fiscal years     
#bjje through #bjji and inserting       
#aj1jjj1jjj for each of fiscal years    
#bjad through #bjah4  #aa4              
,establishment of best practices for    
evidence retention  7a7 ,in general     
,subtitle ,a of title ,,iv of the       
,justice for ,all ,act of #bjjd 7,public
 ,law #ajh-dje2 #aah ,stat4 #bbgh7 is   
amended by adding at the end the        
following3  #dad4 ,establishment of best
 practices for evidence retention  7a7  

,in general ,the ,director of the       
,national ,institute of ,justice1 in    
consultation with ,federal1 ,state1 and 
local law enforcement agencies and      
government laboratories1 shall--  7#a7  
establish best practices for evidence   
retention to focus on the preservation  
of biological evidence2 and  7#b7 assist
 ,state1 local1 and tribal governments  
in adopting and implementing the best   
practices established under paragraph   
7#a74  7b7 ,deadline ,not later than #a 
year after the date of enactment of this
 section1 the ,director of the ,national
 ,institute of ,justice shall publish   
the best practices established under    
subsection 7a77#a74  7c7 ,limitation    
,nothing in this section shall be       
construed to require or obligate        
compliance with the best practices      
established under subsection 7a77#a74  4
  7b7 ,technical and conforming         
amendment ,the table of contents in     
section #a7;b7 of the ,justice for ,all 
,act of #bjjd 7,public ,law #ajh-dje2   

#aah ,stat4 #bbfj7 is amended by        
inserting after the item relating to    
section #dac the following3  ,sec4 #dad4
 ,establishment of best practices for   
evidence retention4  4  #ab4 ,effective 
administration of criminal justice  7a7 
,short title ,this section may be cited 
as the ,effective ,administration of    
,criminal ,justice ,act of #bjac4  7b7  
,strategic planning ,section #ejb of    
title ,i of the ,omnibus ,crime ,control
 and ,safe ,streets ,act of #aifh 7#db  
,u4,s4,c4 #cgeb7 is amended--  7#a7 by  
inserting 7a7 ,in ,general4-- before ,to
 request a grant2 and  7#b7 by adding at
 the end the following3  7#f7 ,a        
comprehensive ,state-wide plan detailing
 how grants received under this section 
will be used to improve the             
administration of the criminal justice  
system1 which shall--  7,a7 be designed 
in consultation with local governments1 
and all segments of the criminal justice
 system1 including judges1 prosecutors1 
law enforcement personnel1 corrections  

personnel1 and providers of indigent    
defense services1 victim services1      
juvenile justice delinquency prevention 
programs1 community corrections1 and    
reentry services2  7,b7 include a       
description of how the ,state will      
allocate funding within and among each  
of the uses described in subparagraphs  
7,a7 through 7,g7 of section            
#eja7;a77#a72  7,c7 describe the process
 used by the ,state for gathering       
evidence-based data and developing and  
using evidence-based and                
evidence-gathering approaches in support
 of funding decisions2 and  7,d7 be     
updated every #e years1 with annual     
progress reports that--  7i7 address    
changing circumstances in the ,state1 if
 any2  7ii7 describe how the ,state     
plans to adjust funding within and among
 each of the uses described in          
subparagraphs 7,a7 through 7,g7 of      
section #eja7;a77#a72  7iii7 provide an 
ongoing assessment of need2  7iv7       
discuss the accomplishment of goals     

identified in any plan previously       
prepared under this paragraph2 and  7v7 
reflect how the plan influenced funding 
decisions in the previous year4  7b7    
,technical assistance  7#a7 ,strategic  
planning ,not later than #ij days after 
the date of enactment of this           
subsection1 the ,attorney ,general shall
 begin to provide technical assistance  
to ,states and local governments        
requesting support to develop and       
implement the strategic plan required   
under subsection 7a77#f74  7#b7         
,protection of constitutional rights    
,not later than #ij days after the date 
of enactment of this subsection1 the    
,attorney ,general shall begin to       
provide technical assistance to ,states 
and local governments1 including any    
agent thereof with responsibility for   
administration of justice1 requesting   
support to meet the obligations         
established by the ,sixth ,amendment to 
the ,constitution of the ,united        
,states1 which shall include--  7,a7    

public dissemination of practices1      
structures1 or models for the           
administration of justice consistent    
with the requirements of the ,sixth     
,amendment2 and  7,b7 assistance with   
adopting and implementing a system for  
the administration of justice consistent
 with the requirements of the ,sixth    
,amendment4  7#c7 ,authorization of     
appropriations ,there is authorized to  
be appropriated #e1jjj1jjj for each of  
fiscal years #bjad through #bjah to     
carry out this subsection4  4  7c7      
,applicability ,the requirement to      
submit a strategic plan under section   
#eja7;a77#f7 of title ,i of the ,omnibus
 ,crime ,control and ,safe ,streets ,act
 of #aifh1 as added by subsection 7b71  
shall apply to any application submitted
 under such section #eja for a grant for
 any fiscal year beginning after the    
date that is #a year after the date of  
enactment of this ,act4  #ac4 ,oversight
 and accountability ,all grants awarded 
by the ,department of ,justice that are 

authorized under this ,act shall be     
subject to the following3  7#a7 ,audit  
requirement ,beginning in fiscal year   
#bjad1 and each fiscal year thereafter1 
the ,inspector ,general of the          
,department of ,justice shall conduct   
audits of recipients of grants under    
this ,act to prevent waste1 fraud1 and  
abuse of funds by grantees4 ,the        
,inspector ,general shall determine the 
appropriate number of grantees to be    
audited each year4  7#b7 ,mandatory     
exclusion ,a recipient of grant funds   
under this ,act that is found to have an
 unresolved audit finding shall not be  
eligible to receive grant funds under   
this ,act during the #b fiscal years    
beginning after the #ab-month period    
described in paragraph 7#e74  7#c7      
,priority ,in awarding grants under this
 ,act1 the ,attorney ,general shall give
 priority to eligible entities that1    
during the #c fiscal years before       
submitting an application for a grant   
under this ,act1 did not have an        

unresolved audit finding showing a      
violation in the terms or conditions of 
a ,department of ,justice grant program4
  7#d7 ,reimbursement ,if an entity is  
awarded grant funds under this ,act     
during the #b-;fiscal-year period in    
which the entity is barred from         
receiving grants under paragraph 7#b71  
the ,attorney ,general shall--  7,a7    
deposit an amount equal to the grant    
funds that were improperly awarded to   
the grantee into the ,general ,fund of  
the ,treasury2 and  7,b7 seek to recoup 
the costs of the repayment to the fund  
from the grant recipient that was       
erroneously awarded grant funds4  7#e7  
,defined term ,in this section1 the term
 unresolved audit finding means an audit
 report finding in the final audit      
report of the ,inspector ,general of the
 ,department of ,justice that the       
grantee has utilized grant funds for an 
unauthorized expenditure or otherwise   
unallowable cost that is not closed or  
resolved within a #ab-month period      

beginning on the date when the final    
audit report is issued4  7#f7 ,nonprofit
 organization requirements  7,a7        
,definition ,for purposes of this       
section and the grant programs described
 in this ,act1 the term nonprofit       
organization means an organization that 
is described in section #eja7;c77#c7 of 
the ,internal ,revenue ,code of #aihf   
and is exempt from taxation under       
section #eja7;a7 of such ,code4  7,b7   
,prohibition ,the ,attorney ,general    
shall not award a grant under any grant 
program described in this ,act to a     
nonprofit organization that holds money 
in offshore accounts for the purpose of 
avoiding paying the tax described in    
section #eaa7;a7 of the ,internal       
,revenue ,code of #aihf4  7,c7          
,disclosure ,each nonprofit organization
 that is awarded a grant under a grant  
program described in this ,act and uses 
the procedures prescribed in regulations
 to create a rebuttable presumption of  
reasonableness for the compensation of  

its officers1 directors1 trustees and   
key employees1 shall disclose to the    
,attorney ,general1 in the application  
for the grant1 the process for          
determining such compensation1 including
 the independent persons involved in    
reviewing and approving such            
compensation1 the comparability data    
used1 and contemporaneous substantiation
 of the deliberation and decision4 ,upon
 request1 the ,attorney ,general shall  
make the information disclosed under    
this subsection available for public    
inspection4  7#g7 ,administrative       
expenses ,unless otherwise explicitly   
provided in authorizing legislation1 not
 more than #g4e percent of the amounts  
authorized to be appropriated under this
 ,act may be used by the ,attorney      
,general for salaries and administrative
 expenses of the ,department of         
,justice4  7#h7 ,conference expenditures
  7,a7 ,limitation ,no amounts          
authorized to be appropriated to the    
,department of ,justice under this ,act 

may be used by the ,attorney ,general or
 by any individual or organization      
awarded discretionary funds through a   
cooperative agreement under this ,act1  
to host or support any expenditure for  
conferences that uses more than #bj1jjj 
in ,department funds1 unless the ,deputy
 ,attorney ,general or the appropriate  
,assistant ,attorney ,general1          
,director1 or principal deputy as the   
,deputy ,attorney ,general may          
designate1 provides prior written       
authorization that the funds may be     
expended to host a conference4  7,b7    
,written approval ,written approval     
under subparagraph 7,a7 shall include a 
written estimate of all costs associated
 with the conference1 including the cost
 of all food and beverages1             
audio_/visual equipment1 honoraria for  
speakers1 and any entertainment4  7,c7  
,report ,the ,deputy ,attorney ,general 
shall submit an annual report to the    
,committee on the ,judiciary of the     
,senate and the ,committee on the       

,judiciary of the ,house of             
,representatives on all conference      
expenditures approved by operation of   
this paragraph4  7#i7 ,prohibition on   
lobbying activity  7,a7 ,in general     
,amounts authorized to be appropriated  
under this ,act may not be utilized by  
any grant recipient to--  7i7 lobby any 
representative of the ,department of    
,justice regarding the award of grant   
funding2 or  7ii7 lobby any             
representative of a ,federal1 state1    
local1 or tribal government regarding   
the award of grant funding4  7,b7       
,penalty ,if the ,attorney ,general     
determines that any recipient of a grant
 under this ,act has violated           
subparagraph 7,a71 the ,attorney        
,general shall--  7i7 require the grant 
recipient to repay the grant in full2   
and  7ii7 prohibit the grant recipient  
from receiving another grant under this 
,act for not less than #e years4