United States · Amendment · HAMDT

HAMDT 781 (108th)

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.