Office for Victims of Crime - Announcement from OVC Director, John W. Gillis, on the Justice for All Act of 2004

Announcement from OVC Director, John W. Gillis, on the Justice for All Act of 2004

November 2, 2004

On Saturday October 30, 2004, President Bush signed H.R. 5107, known as the Justice for All Act of 2004, into law [Public Law 108–405].

The purpose of the bill is to protect crime victims' rights, to eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing technologies, to develop new training programs regarding the collection and use of DNA evidence, to provide post-conviction testing of DNA evidence to exonerate the innocent, to improve the performance of counsel in State capital cases, and for other purposes.

Here is a summary of items contained in the bill:

Justice for All Act of 2004 - Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act
Debbie Smith Act of 2004
DNA Sexual Assault Justice Act of 2004
Innocence Protection Act of 2004

Justice for All Act of 2004 - Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act - Amends the Federal criminal code to grant crime victims specified rights, including:

(1) the right to be protected from the accused, to be heard at any public proceeding involving release, plea, or sentencing, and to be treated with fairness and respect;

(2) the right to timely notice of any public proceeding involving the crime or any release or escape of the accused and to proceedings free from unreasonable delay;

(3) the right to confer with the Government attorney; and

(4) the right to full and timely restitution.

Debbie Smith Act of 2004 - Amends the DNA Analysis Backlog Elimination Act of 2000 to name the program of grants to States for DNA analysis of samples from convicted individuals as the Debbie Smith DNA Backlog Grant Program, to expand the program to include grants to local governments, and to authorize appropriations through FY 2009.

Amends:

(1) the DNA Identification Act of 1994 (Identification Act) to expand the scope of DNA samples to be included in the Combined DNA Index System (CODIS); and

(2) the Violence Against Women Act to authorize grants to increase the availability of legal assistance to victims of dating violence.

DNA Sexual Assault Justice Act of 2004 - Amends the Identification Act to prescribe audit and certification standards for laboratories from which DNA identification records and analyses may be included in CODIS.

Directs the Attorney General to:

(1) make DNA analysis training grants, sexual assault forensic exam program grants, DNA research and development grants, grants to promote DNA identification of missing persons, and grants to tribal domestic violence and sexual assault coalitions; and

(2) appoint a National Forensic Science Commission. Authorizes appropriations for DNA programs of the Federal Bureau of Investigation through FY 2009.

Innocence Protection Act of 2004 - Sets forth conditions under which a Federal prisoner asserting innocence may obtain post-conviction DNA testing of specific evidence and, if test results would establish the applicant's innocence, a new trial or resentencing. Requires the preservation of biological evidence if a defendant is under a sentence of imprisonment.

Directs the Attorney General to:

(1) establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program; and

(2) award grants to improve the quality of legal representation of indigent defendants, and the ability of prosecutors to represent the public, in State capital cases.

To Federal Statutes and Legislation

This document was last updated on August 18, 2008