28 CFR 28.24 - Exceptions based on the results of judicial proceedings.

Regulations last checked for updates: May 19, 2024

Title 28 - Judicial Administration last revised: May 03, 2024

View all text of Subpart C [§ 28.21 - § 28.28]

§ 28.24 - Exceptions based on the results of judicial proceedings.

Subsection (c) of section 3600A makes the biological evidence preservation requirement inapplicable in two circumstances relating to the results of judicial proceedings:

(a) Judicial denial of DNA testing. Section 3600A(c)(1) exempts situations in which a court has denied a motion for DNA testing under 18 U.S.C. 3600 and no appeal is pending.

(b) Inclusion of defendant as source. Section 3600A(c)(5) exempts situations in which there has been DNA testing under 18 U.S.C. 3600 and the results included the defendant as the source of the evidence.

authority: 28 U.S.C. 509,510; 34 U.S.C. 12592,40702,40703; 10 U.S.C. 1565; 18 U.S.C. 3600A; Public Law 106-546, 114 Stat. 2726; Public Law 107-56, 115 Stat. 272; Public Law 108-405, 118 Stat. 2260; Public Law 109-162, 119 Stat. 2960; Public Law 109-248, 120 Stat. 587; Public Law 115-50, 131 Stat. 1001

source: Order No. 2699-2003, 68 FR 74858, Dec. 29, 2003, unless otherwise noted.

cite as: 28 CFR 28.24