[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2739 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2739

 To provide for post-conviction DNA testing, to improve competence and 
performance of prosecutors, defense counsel, and trial judges handling 
State capital criminal cases, to ensure the quality of defense counsel 
           in Federal capital cases, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2002

    Mr. Hatch (for himself, Mr. DeWine, Mr. Lott, Mr. Domenici, Mr. 
   Bunning, Mr. Grassley, Mr. Kyl, Mr. McConnell, Mr. Sessions, Mr. 
 Santorum, Mr. Hutchinson, Mr. Thurmond, and Mr. Helms) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for post-conviction DNA testing, to improve competence and 
performance of prosecutors, defense counsel, and trial judges handling 
State capital criminal cases, to ensure the quality of defense counsel 
           in Federal capital cases, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Death Penalty 
Integrity Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
         TITLE I--POST-CONVICTION DNA TESTING IN FEDERAL COURT

Sec. 101. Federal post-conviction DNA testing.
Sec. 102. State post-conviction DNA testing.
Sec. 103. Repeal.
    TITLE II--ENSURING FAIR CAPITAL TRIALS IN STATE AND LOCAL COURTS

Sec. 201. Grants to train prosecutors, defense counsel, and State and 
                            local judges handling State capital cases.
Sec. 202. Ensuring competent counsel in Federal death penalty cases.
Sec. 203. Ensuring competent counsel in noncapital cases.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In the last decade, deoxyribonucleic acid testing 
        (referred to in this Act as ``DNA testing'') has emerged as the 
        most reliable forensic technique for identifying criminals when 
        biological evidence of the crime is obtained. DNA testing ``has 
        been acknowledged by the courts as well as the national 
        scientific community for its extraordinary degree of accuracy 
        in matching cellular material to individuals''. Commonwealth v. 
        Brison, 618 A.2d 420 (S. Ct. Pa. 1992).
            (2) In many cases, DNA testing of biological evidence can 
        reveal relevant evidence of a crime, and in a narrow class of 
        cases, it can conclusively prove the guilt or innocence of a 
        criminal defendant. In many other cases, however, DNA testing 
        can provide only inconclusive or irrelevant evidence.
            (3) While DNA testing is standard in pretrial 
        investigations in every State today, it was not widely 
        available prior to the early 1990's. In addition, new DNA 
        testing technologies have been developed that can accurately 
        examine minute samples and obtain more discriminating results 
        than earlier forms of DNA testing.
            (4) DNA testing may be possible on biological evidence that 
        is more than a decade old. Because biological evidence, such as 
        semen or hair from a rape, is often preserved by authorities 
        years after trial, it has become possible to submit preserved 
        biological evidence to DNA testing. In cases that were tried 
        before DNA technology existed, and in which biological evidence 
        was preserved after conviction, post-conviction testing may be 
        feasible.
            (5) Even within this narrow class of cases that occurred 
        before DNA technology existed, and in which biological evidence 
        was preserved, post-conviction testing is appropriate only if 
        the identity of the perpetrator was an issue at trial, and DNA 
        testing has the potential to exonerate the defendant of the 
        crime for which he was convicted of beyond a reasonable doubt. 
        To authorize post-conviction testing in a broader category of 
        cases would lead to a waste of scarce prosecutorial and 
        judicial resources without increasing the likelihood of 
        determining whether an innocent person was wrongfully 
        convicted.
            (6) Twenty-five of 38 States which have capital punishment 
        have enacted post-conviction DNA testing programs, and 6 States 
        have pending legislation to implement DNA programs. Several 
        States, including Illinois, New York, and Arizona, have enacted 
        statutes that authorize post-conviction DNA testing where such 
        testing has the potential to exonerate a defendant. For 
        example, in People v. Savory, 722, N.E.2d 220, 224 (Ill. 1999), 
        the court, after an exhaustive examination of the Illinois 
        post-conviction DNA testing statute, concluded that ``the 
        legislature intended to provide a process of total 
        vindication...[I]n using the term `actual innocence', the 
        legislature intended to limit the scope of the [Illinois 
        statute], allowing for scientific testing only where it has the 
        potential to exonerate a defendant.''. In Savory, the court 
        denied post-conviction testing because ``although DNA testing 
        carries the possibility of weakening the State's original case 
        against defendant, it does not have the potential to prove him 
        innocent''.
            (7) Because DNA testing is standard in pretrial 
        investigations in every State today, the issue of post-
        conviction DNA testing involves only a narrow class of cases 
        prosecuted before DNA technology existed. In the near future, 
        the need for post-conviction DNA testing will cease because of 
        the availability of pretrial testing with advanced 
        technologies.
            (8) In the last decade, post-conviction DNA testing has 
        exonerated innocent persons who were wrongly convicted in 
        trials that occurred before DNA testing existed. In some of 
        these cases, the post-conviction DNA testing that exonerated a 
        wrongly convicted person also provided evidence that led to the 
        apprehension of the actual perpetrator.
            (9) Under Federal law, it is difficult to obtain post-
        conviction DNA testing because of time limits on introducing 
        newly discovered evidence. Under Federal law, such a motion 
        must be made not later than 3 years after the date of 
        conviction. These time limits are based on the fact that 
        evidence becomes less reliable after the passage of time and, 
        as a result, it is difficult to prosecute criminal cases years 
        after the crime occurred.
            (10) The time limits on introducing newly discovered 
        evidence should not bar post-conviction DNA testing in 
appropriate cases because DNA testing can produce accurate results on 
biological evidence that is more than a decade old. Unlike other 
evidence, the results of DNA testing are not necessarily less reliable 
after the passage of time.
            (11) Once post-conviction DNA testing is performed, the 
        results of such testing should be considered as newly 
        discovered evidence by the courts. If post-conviction testing 
        produces exculpatory evidence, the defendant should be allowed 
        to move for a new trial based on newly discovered evidence, 
        notwithstanding the time limits on such motions applicable to 
        other forms of newly discovered evidence.

         TITLE I--POST-CONVICTION DNA TESTING IN FEDERAL COURT

SEC. 101. FEDERAL POST-CONVICTION DNA TESTING.

    (a) Federal Criminal Procedure.--
            (1) In general.--Part II of title 18, United States Code, 
        is amended by inserting after chapter 228 the following:

              ``CHAPTER 228A--POST-CONVICTION DNA TESTING

``Sec.
``3600. DNA testing.
``3600A. Prohibition on destruction of biological evidence.
``Sec. 3600. DNA testing
    ``(a) Motion.--
            ``(1) In general.--An individual who, after a trial, was 
        convicted of a Federal crime and is serving a term of 
        imprisonment as a result of that conviction (referred to in 
        this section as the `applicant') may file a written motion to 
        the court that entered the judgment of conviction for the 
        performance of forensic DNA testing on specified evidence 
        that--
                    ``(A) was secured in relation to the investigation 
                or prosecution that resulted in the conviction of the 
                applicant; and
                    ``(B) was not subject to DNA testing because the 
                technology for such testing was not available to the 
                applicant at the time of the trial.
            ``(2) Contents.--A motion filed under paragraph (1) shall--
                    ``(A) include an assertion by the applicant, under 
                penalty of perjury, that the applicant was actually 
                innocent of--
                            ``(i) the offense for which the applicant 
                        was convicted; or
                            ``(ii) evidence introduced at the trial of 
                        the offense of conviction or relied upon by the 
                        court at sentencing, the exoneration of which 
                        would result in a mandatory reduction of the 
                        applicant's sentence;
                    ``(B) identify the specific evidence secured in 
                relation to the investigation or prosecution that 
                resulted in the conviction of the applicant for which 
                DNA testing is requested;
                    ``(C) identify a theory of defense, not 
                inconsistent with previously asserted theories, which 
                would establish the actual innocence of the applicant, 
                and explain how the requested DNA testing would 
                substantiate that theory of defense;
                    ``(D) make a prima facie showing that the 
                conditions set forth in this section for issuance of a 
                testing order are satisfied; and
                    ``(E) certify that the applicant--
                            ``(i) will provide a DNA sample from the 
                        applicant for purposes of comparison; and
                            ``(ii) waives, in all Federal and State 
                        jurisdictions, the right to raise as a defense 
                        any limitation period for prosecution for any 
                        other offense in any subsequent criminal 
                        prosecution which is discovered as a result of 
                        a comparison of the applicant's DNA to any 
                        Federal or State DNA database.
            ``(3) Purpose.--A motion filed under paragraph (1) must be 
        filed for the purpose of demonstrating the actual innocence of 
        the applicant, not to delay the execution of sentence or 
        administration of justice.
    ``(b) Time Period for Filing Motion.--A motion filed under 
subsection (a) shall be considered timely if it is filed within 60 
months after the date of enactment of this section.
    ``(c) Notice to the Government; Preservation Order; Appointment of 
Counsel.--
            ``(1) Notice.--Upon receipt of a motion filed under 
        subsection (a), the court shall notify the Government and shall 
        afford the Government a reasonable time period to respond to 
        the motion.
            ``(2) Preservation order.--To the extent necessary to carry 
        out proceedings under this section, the court may direct the 
        Government to preserve evidence to which a motion under 
        subsection (a) relates.
            ``(3) Appointment of counsel.--The court may appoint 
        counsel for an indigent applicant under this section in the 
        same manner as in a proceeding under section 3006A(a)(2)(B).
    ``(d) Order for DNA Testing.--The court shall order the DNA testing 
requested in a motion filed under subsection (a) if, after a review of 
the trial record, the court finds that--
            ``(1) the applicant's motion satisfies the requirements of 
        subsection (a);
            ``(2) the identity of the perpetrator was at issue in the 
        trial that resulted in the conviction of the applicant;
            ``(3) the evidence to be tested is in the possession of the 
        Government and has been subject to a chain of custody and 
        retained under conditions sufficient to ensure that the 
        evidence has not been substituted, contaminated, tampered with, 
        replaced, or altered in any respect material to the requested 
        DNA testing;
            ``(4)(A) the technology for the requested DNA testing was 
        not available at the time of trial; or
            ``(B) if any of the evidence was previously subjected to 
        DNA testing, the testing now requested uses a newer DNA testing 
        technique that is reasonably certain to provide results that 
        are substantially more accurate and probative than any previous 
DNA testing of the evidence;
            ``(5) the proposed DNA testing is reasonable in scope, uses 
        scientifically sound methods, and is consistent with accepted 
        forensic practice;
            ``(6) the applicant would be entitled to either a new trial 
        under subsection (h)(5) or a reduction of sentence under 
        subsection (h)(6) where the results of the requested DNA 
        testing exclude the defendant as the source of the DNA in the 
        evidence; and
            ``(7) the applicant's motion is--
                    ``(A) filed in a timely manner; and
                    ``(B) filed for the purpose of demonstrating the 
                actual innocence of the applicant and not to delay the 
                execution of sentence or administration of justice.
    ``(e) Testing Procedures.--
            ``(1) In general.--The court shall direct that any DNA 
        testing ordered under this section be carried out by the 
        Federal Bureau of Investigation (FBI).
            ``(2) Inability to test dna.--If the FBI is unable to 
        conduct such DNA testing, the court--
                    ``(A) on motion of the applicant for good cause 
                shown, may direct that such DNA testing be conducted by 
                another laboratory; and
                    ``(B) shall make all necessary orders to ensure the 
                integrity of the evidence and the reliability of the 
                testing process and test results.
            ``(3) Costs.--The costs of any DNA testing ordered under 
        this section shall be paid--
                    ``(A) by the applicant; or
                    ``(B) in the case of an applicant who is indigent, 
                by the court.
    ``(f) Time Limitation in Capital Cases.--In any case in which the 
applicant is sentenced to death--
            ``(1) any DNA testing ordered under this section shall be 
        completed not later than 120 days after the date on which the 
        Government responds to the motion filed under subsection (a); 
        and
            ``(2) not later than 30 days after the date on which the 
        DNA testing ordered under this section is completed, the court 
        shall order any post-testing procedures under subsection (h).
    ``(g) Reporting of Test Results.--
            ``(1) In general.--The results of any DNA testing ordered 
        under this section shall be simultaneously disclosed to the 
        court, the applicant, and the Government.
            ``(2) CODIS.--The Government shall include any test results 
        relating to the DNA of the applicant in the Combined DNA Index 
        System (CODIS).
    ``(h) Post-Testing Procedures; Filing of Motions for New Trial or 
Reduction of Sentence and Court Orders.--
            ``(1) In general.--If DNA testing results obtained under 
        this section are inconclusive or show that the applicant was 
        the source of DNA in the evidence, the court shall deny the 
        applicant relief.
            ``(2) Procedures.--Where the testing results show that the 
        applicant was the source of DNA in the evidence, the court 
        shall, on motion of the Government--
                    ``(A) make a determination whether the applicant's 
                assertion of actual innocence was false, and, if the 
                court makes such a finding, the court may hold the 
                applicant in contempt;
                    ``(B) assess against the applicant the cost of any 
                DNA testing carried out under this section;
                    ``(C) forward the finding to the Director of the 
                Bureau of Prisons, who, upon receipt of such a finding, 
                may deny, wholly or in part, the good conduct credit 
                authorized under section 3624 on the basis of that 
                finding; and
                    ``(D) if the applicant is subject to the 
                jurisdiction of the United States Parole Commission, 
                forward the finding to the Commission so that the 
                Commission may deny parole on the basis of that 
                finding.
            ``(3) Sentence.--In any prosecution of an applicant under 
        chapter 79 for false assertions or other conduct in proceedings 
        under this section, the court, upon conviction of the 
        applicant, shall sentence the applicant to a term of 
        imprisonment of not less than 3 years, which shall run 
        consecutively with any other term of imprisonment the applicant 
        is serving.
            ``(4) Motion for new trial or reduction of sentence.--If 
        the DNA test results obtained under this section exclude the 
        applicant as the source of the DNA in the evidence, the 
        applicant may, within 60 days of notification of the DNA tests 
        results--
                    ``(A) file a motion for a new trial pursuant to 
                rule 33 of the Federal Rules of Criminal Procedure, 
                notwithstanding any provision of law that would bar 
                such a motion as untimely; or
                    ``(B) file a motion to reduce sentence, if 
                applicable, pursuant to rule 35 of the Federal Rules of 
                Criminal Procedure, notwithstanding any provision of 
                law that would bar such a motion as untimely.
            ``(5) Procedure for granting of new trial motion.--The 
        court shall grant the applicant's motion for a new trial, 
        pursuant to rule 33 of the Federal Rules of Criminal Procedure, 
        if the DNA testing results, when considered with all other 
        evidence in the case (whether or not such evidence was 
        introduced at trial), establish by clear and convincing 
        evidence that no reasonable factfinder would have found the 
        applicant guilty of the offense for which the applicant was 
        convicted.
            ``(6) Procedure for granting of motion to reduce 
        sentence.--The court shall grant the applicant's motion for 
        reduction of sentence, pursuant to rule 35 of the Federal Rules 
        of Criminal Procedure, if the DNA testing results, when 
        considered with all other evidence in the case (whether or not 
        such evidence was introduced at trial), establish that the 
        applicant is entitled to a mandatory reduction of sentence.
    ``(i) Final Order.--An order granting or denying DNA testing 
requested under subsection (a) or an order granting or denying a motion 
for a new trial or motion to reduce sentence under subsection (h) is a 
final order for purposes of section 1291 of title 28.
    ``(j) Time Limits Inapplicable; Other Remedies Unaffected.--
            ``(1) Time limit for relief.--Notwithstanding any time 
        limit otherwise applicable to motions for new trials or a 
        reduction of sentence based on newly discovered evidence, a 
        court may grant relief to an applicant at any time under 
        subsection (h).
            ``(2) Time limit for prosecution.--Notwithstanding any time 
        limit otherwise applicable to the commencement of prosecution 
        of a defendant, the Government may commence at any time the 
        prosecution of an applicant for any offense discovered through 
        comparison of the DNA of the applicant to a DNA database.
            ``(3) Other remedies unaffected.--This subsection does not 
        affect the circumstances under which a person may obtain DNA 
        testing or post-conviction relief under any other law or rule.
    ``(k) Applicability to Federal Habeas Corpus.--The denial of post-
conviction DNA testing by a Federal or State court shall not be a 
ground for relief in any proceeding under Federal habeas corpus.
``Sec. 3600A. Prohibition on destruction of biological evidence
    ``(a) In General.--During the 60-month period commencing on the 
date of enactment of this section and following the conviction of a 
defendant in a criminal case in which the identity of the perpetrator 
was at issue in the trial, the Government shall not destroy any 
biological evidence that was secured in the investigation or 
prosecution of the case and preserved until the time of conviction, if 
the defendant is imprisoned for the crime.
    ``(b) Biological Evidence.--For purposes of this section, the term 
`biological evidence' means evidence that the Government knows is--
            ``(1) a sexual assault forensic examination kit; or
            ``(2) semen, blood, saliva, hair, skin tissue, or other 
        identified biological material that derives from the 
        perpetrator of the crime.
    ``(c) Applicability.--The prohibition of the destruction of 
biological evidence under subsection (a) shall not apply if--
            ``(1) the biological evidence has been subjected to DNA 
        testing;
            ``(2) a court has denied a request or motion for DNA 
        testing of the biological evidence;
            ``(3) the biological evidence was disclosed to the 
        defendant before conviction and the defendant did not seek 
        available DNA testing; or
            ``(4) the biological evidence is disclosed to the defendant 
        after conviction and the defendant does not file a motion under 
        section 3600 within 180 days of the disclosure.''.
            (2) Technical and conforming amendments; amendments to 
        limitation provisions.--
                    (A) Chapter analysis.--The chapter analysis for 
                part II of title 18, United States Code, is amended by 
                inserting after the item relating to chapter 228 the 
                following:

``228A. Post-conviction DNA testing.........................    3600''.
                    (B) Fugitives from justice.--Section 3290 of title 
                18, United States Code, is amended to read as follows:
``Sec. 3290. Fugitives from justice; persons identified through DNA 
              matching
    ``No statute of limitations shall extend to any person fleeing from 
justice, or to any person identified by means of a DNA database prior 
to such identification.''.
                    (C) Technical and conforming amendment.--The 
                analysis for chapter 213 of title 18, United States 
                Code, is amended by striking the item relating to 
                section 3290 and inserting the following:

``3290. Fugitives from justice; persons identified through DNA 
                            matching.''.
    (b) System for Reporting Motions.--
            (1) Establishment.--The Attorney General shall establish a 
        system for reporting and tracking motions filed in accordance 
        with section 3600 of title 18, United States Code.
            (2) Operation.--In operating the system established under 
        paragraph (1), the courts shall provide to the Attorney General 
        any requested assistance in operating such a system and in 
        ensuring the accuracy and completeness of information included 
        in that system.
            (3) Report.--Not later than 180 days before the expiration 
        of the time period referenced in section 3600(b) of title 18, 
        United States Code, as added by this Act, the Attorney General 
        shall submit a report to Congress that contains--
                    (A) a list of motions filed under section 3600 of 
                title 18, United States Code, as added by this Act;
                    (B) whether DNA testing was ordered pursuant to 
                such a motion;
                    (C) whether the applicant obtained relief on the 
                basis of DNA test results; and
                    (D) whether further proceedings occurred following 
                a granting of relief and the outcome of such 
                proceedings.
            (4) Additional information.--The report required to be 
        submitted under paragraph (3) may include any other information 
        the Attorney General believes will be useful in assessing the 
        operation, utility, or costs of section 3600 of title 18, 
        United States Code, as added by this Act, and any 
        recommendations the Attorney General may have relating to 
        future legislative action concerning that section.
    (c) Effective Date; Applicability.--This section and the amendments 
made by this section shall take effect on the date of enactment of this 
Act and shall apply with respect to any offense committed, and to any 
judgment of conviction entered, before, on, or after that date of 
enactment.

SEC. 102. STATE POST-CONVICTION DNA TESTING.

    (a) Coverdell Act Incentive for State Post-Conviction DNA 
Testing.--
            (1) Authorization of appropriations.--In addition to the 
        amounts authorized to be appropriated by section 1001(a)(24) of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3793(a)(24)), there are authorized to be 
        appropriated in each of fiscal years 2003 through 2007, 
        $10,000,000 for grants to States to be used--
                    (A) for the purposes set forth in section 2804 of 
                title I of such Act (42 U.S.C. 3797m); and
                    (B) to defray the State costs associated with post-
                conviction DNA testing.
            (2) Grants.--
                    (A) Application.--To be eligible to receive a grant 
                under this subsection, a State must submit an 
                application to the Attorney General at such time, in 
                such manner, and accompanied by such information as the 
                Attorney General may reasonably require.
                    (B) Certification.--An application submitted under 
                subparagraph (A) shall include a certification that the 
                State has adopted or will adopt a procedure for post-
                conviction DNA testing.
                    (C) Supplementary funds.--The Attorney General 
                shall allocate the supplementary funds authorized to be 
                appropriated under this subsection, for grants under 
                this paragraph, among qualifying States as nearly as 
                practicable to the manner provided by section 2803 of 
                title I of the Omnibus Crime Control and Safe Streets 
                Act (42 U.S.C. 3797l) for the allocation of funds 
                appropriated pursuant to section 1001(a)(24) of title I 
                of such Act (42 U.S.C. 3753(a)(24)).
                    (D) State.--For purposes of this subsection, the 
                term ``State'' means a State of the United States, the 
                District of Columbia, the Commonwealth of Puerto Rico, 
                the Virgin Islands, American Samoa, Guam, and the 
                Commonwealth of the Northern Mariana Islands.
    (b) Qualifying Federal Offenses.--Section 3(d) of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is amended to 
read as follows:
    ``(d) Qualifying Federal Offense.--For purposes of this section, 
the term `qualifying Federal offense' means--
            ``(1) offenses classified as felonies under Federal or any 
        State law;
            ``(2) all offenses under chapter 109A of title 18; and
            ``(3) any crime of violence as defined in section 16 of 
        title 18.''.
    (c) Inclusion of Juveniles in CODIS.--Section 210304(a)(1) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14132(a)(1)) is amended to read as follows:
            ``(1) DNA identification records of persons convicted of or 
        adjudicated delinquent for crimes;''.

SEC. 103. REPEAL.

    Effective 60 months after the date of enactment of this Act, 
sections 101 and 102(a) are repealed.

    TITLE II--ENSURING FAIR CAPITAL TRIALS IN STATE AND LOCAL COURTS

SEC. 201. GRANTS TO TRAIN PROSECUTORS, DEFENSE COUNSEL, AND STATE AND 
              LOCAL JUDGES HANDLING STATE CAPITAL CASES.

    (a) Competent Counsel Grant Program.--The State Justice Institute 
Act of 1984 (42 U.S.C. 10701 et seq.) is amended by inserting after 
section 207 the following:

``SEC. 207A. GRANT PROGRAM FOR TRAINING DEFENSE COUNSEL.

    ``(a) Grants Authorized.--The Institute is authorized to award 
grants to States to conduct training programs to improve the 
performance and competency of defense counsel representing defendants 
charged with capital offenses in State and local courts.
    ``(b) Eligibility.--The Institute is authorized to receive such 
grants for the sole purpose of conducting training programs as set 
forth in subsection (a). Grants authorized by this section may only be 
made for training of defense counsel in a State that has capital 
punishment.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for fiscal years 2003 and 2007 to carry out 
this section.''.
    (b) Grants To Train Prosecutors.--
            (1) In general.--The Director of the Office of Justice 
        Programs shall make grants to State and local governments to 
        train prosecutors in handling capital cases.
            (2) Eligibility.--Grants authorized by this subsection may 
        only be made to a State or local government in a State that has 
        capital punishment.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated $10,000,000 for fiscal years 2003 and 2007 
        to carry out this subsection.
    (c) Grants To Train State and Local Judges.--
            (1) In general.--The Director of the Office of Justice 
        Programs shall make grants to State and local courts for 
        training of trial judges to effectively conduct capital trials.
            (2) Eligibility.--Grants authorized by this subsection may 
        only be made to a State or local court in a State that has 
        capital punishment.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated $10,000,000 for fiscal years 2003 and 2007 
        to carry out this subsection.

SEC. 202. ENSURING COMPETENT COUNSEL IN FEDERAL CAPITAL CASES.

    (a) Counsel and Witnesses in Capital Cases.--Section 3005 of title 
18, United States Code, is amended by inserting after ``reasonable 
hours'' the following: ``but, no attorney shall be eligible to 
represent an accused where that attorney has been disciplined by a bar 
association or court relating to a criminal case, or where that 
attorney has been found to have rendered ineffective assistance of 
counsel in another Federal or State criminal case''.
    (b) Counsel for Indigent Defendants.--Section 408(q)(4) of the 
Controlled Substances Act (21 U.S.C. 848(q)(4)) is amended--
            (1) in subparagraph (A), by adding before the period at the 
        end the following: ``but, no attorney shall be eligible to 
        represent an accused where that attorney has been disciplined 
        by a bar association or court relating to a criminal case, or 
        where that attorney has been found to have rendered ineffective 
        assistance of counsel in another Federal or State criminal 
        case''; and
            (2) in subparagraph (B), by adding before the period at the 
        end the following: ``but, no attorney shall be eligible to 
        represent an accused where that attorney has been disciplined 
        by a bar association or court relating to a criminal case, or 
        where that attorney has been found to have rendered ineffective 
        assistance of counsel in another Federal or State criminal 
        case''.

SEC. 203. ENSURING COMPETENT COUNSEL IN NONCAPITAL CASES.

    Section 3006A(b) of title 18, United States Code, is amended in the 
third sentence, by adding after ``shall appoint counsel to represent 
him'' the following: ``but, no attorney shall be eligible to represent 
an accused where that attorney has been disciplined by a bar 
association or court relating to a criminal case, or where that 
attorney has been found to have rendered ineffective assistance of 
counsel in another Federal or State criminal case''.
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