118 STAT. 2281 PUBLIC LAW 108–405—OCT. 30, 2004 ‘‘(2) PRESERVATION ORDER.—To the extent necessary to carry out proceedings under this section, the court shall direct the Government to preserve the specific evidence relating to a motion under subsection (a). ‘‘(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). ‘‘(c) 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. ‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific 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 Government. ‘‘(d) 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 60 days after the date on which the Government responds to the motion filed under subsection (a); and ‘‘(2) not later than 120 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 (f) or (g), as appropriate. ‘‘(e) 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) NDIS.—The Government shall submit any test results relating to the DNA of the applicant to the National DNA Index System (referred to in this subsection as ‘NDIS’). ‘‘(3) RETENTION OF DNA SAMPLE.— ‘‘(A) ENTRY INTO NDIS.—If the DNA test results obtained under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample of the applicant may be retained in NDIS. ‘‘(B) MATCH WITH OTHER OFFENSE.—If the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant results in a match between the DNA sample of the applicant and another offense, the Attorney General shall notify the appropriate agency and preserve the DNA sample of the applicant. ‘‘(C) NO MATCH.—If the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the applicant and ensure that such information is not retained Deadlines.
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