118 STAT. 2283 PUBLIC LAW 108–405—OCT. 30, 2004 ‘‘(B) in the case of a motion for resentencing, another Federal or State offense, if evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or a new sentencing proceeding. ‘‘(h) OTHER LAWS UNAFFECTED.— ‘‘(1) POST CONVICTION RELIEF.—Nothing in this section shall affect the circumstances under which a person may obtain DNA testing or post conviction relief under any other law. ‘‘(2) HABEAS CORPUS.—Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding. ‘‘(3) NOT A MOTION UNDER SECTION 2255.—A motion under this section shall not be considered to be a motion under section 2255 for purposes of determining whether the motion or any other motion is a second or successive motion under section 2255. ‘‘§ 3600A. Preservation of biological evidence ‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, the Government shall preserve biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defend ant is under a sentence of imprisonment for such offense. ‘‘(b) DEFINED TERM.—For purposes of this section, the term ‘biological evidence’ means— ‘‘(1) a sexual assault forensic examination kit; or ‘‘(2) semen, blood, saliva, hair, skin tissue, or other identi fied biological material. ‘‘(c) APPLICABILITY.—Subsection (a) shall not apply if— ‘‘(1) a court has denied a request or motion for DNA testing of the biological evidence by the defendant under section 3600, and no appeal is pending; ‘‘(2) the defendant knowingly and voluntarily waived the right to request DNA testing of the biological evidence in a court proceeding conducted after the date of enactment of the Innocence Protection Act of 2004; ‘‘(3) after a conviction becomes final and the defendant has exhausted all opportunities for direct review of the convic tion, the defendant is notified that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; ‘‘(4)(A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and ‘‘(B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing; or ‘‘(5) the biological evidence has already been subjected to DNA testing under section 3600 and the results included the defendant as the source of such evidence. ‘‘(d) OTHER PRESERVATION REQUIREMENT.—Nothing in this sec tion shall preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved. ‘‘(e) REGULATIONS.—Not later than 180 days after the date of enactment of the Innocence Protection Act of 2004, the Attorney General shall promulgate regulations to implement and enforce Deadline.
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