Bills in the 108th Congress
An amendment numbered one printed in House Report 108-737 to allow a victim a right to bring a motion to enforce the right to be heard in plea and sentence and also allows a victim to be heard at a parole proceeding. Amendment allows for a five year time period to file a motion for a DNA test and then provides for a rebuttable presumption against the test after that. Amendment changes the standard for getting a new trial from a "preponderance of the evidence" standard to a "compelling evidence" standard. Amendment reduces the amount authorized for capital representation and prosecution grants by $25 million and limits the amount that may be used for training and effective systems at the appellate level. The amendment increases the penalties for misuse of DNA samples.
Amendment consists of the text of the amendment contained in House Report 108-737 and printed on pages H8195-H8203 in the Congressional Record for October 6, 2004.Show All Titles
Amends H.R. 5107
Oct 6, 2004: Passed House