DNA Testing Availability Act

DNA Testing Availability Act - Requires the Director of the Federal Bureau of Investigation (FBI) to develop a plan to grant voluntary awards to States to facilitate deoxyribonucleic acid (DNA) analysis of all casework evidence of unsolved crimes with the objective of expediting such analysis in an efficient and effective manner and to providing for the entry of DNA profiles into the Combined DNA Indexing System (CODIS).Requires that States receiving awards: (1) require that each laboratory performing DNA analysis satisfy quality assurance standards and utilize state-of-the-art DNA testing methods; (2) ensure that each DNA sample collected and analyzed be made available only to criminal justice agencies for law enforcement purposes, in judicial proceedings if otherwise admissible, to a criminal defendant who shall have access to samples and analyses performed in connection with any case in which such defendant is charged, or for a population statistics database for identification research and protocol development purposes, if personally identifiable information is removed, or for quality control purposes; and (3) match 15 percent of the award. Authorizes appropriations.(Sec. 3) Amends the Federal judicial code to authorize any person convicted of a crime by a Federal court, at any time, to petition the court for forensic DNA testing of biological material in the possession or control of the Government or the court that relates to the conviction. Directs the court, after considering the petition and any Government response, to order testing if it finds that: (1) a reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA testing; (2) the evidence the petitioner seeks to have tested is still in such a condition that DNA testing may be conducted; (3) the evidence was never previously subjected to DNA testing or was not subjected to the testing now requested which can resolve an issue; and (4) the petition has been filed for the purpose of demonstrating innocence, and not merely to delay the execution of sentence or the administration of justice. Authorizes the court to order testing if it finds that: (1) the last three of such conditions exist; and (2) a reasonable probability exists that DNA testing of the evidence would have rendered a more favorable outcome of the petitioner's prosecution or sentencing.Sets forth testing procedures, including provisions regarding payment by the petitioner, appointment of counsel for indigent petitioners, discovery, preservation orders, choice of laboratory, and additional orders.Directs the court, if the results of DNA testing ordered are: (1) unfavorable to the petitioner, to dismiss the petition and issue such further orders as appropriate; and (2) favorable to the petitioner, to order a hearing and enter any order that serves the interests of justice, including an order vacating and setting aside the judgment of conviction, discharging the petitioner if the petitioner is in custody, re- sentencing the petitioner, or granting a new trial.Directs the Government to preserve any biological material secured in connection with a criminal case for such period of time as any person remains incarcerated in connection with that case, with an exception if: (1) the Government notifies any person who remains in custody and any counsel of record of the Government's intention to destroy the material; (2) no person files a petition or a notice of intention to file a petition within 90 days; and (3) no other provision of law requires that such biological material be preserved.(Sec. 4) Amends provisions of the Omnibus Crime Control and Safe Streets Act of 1968 under the DNA Identification grant program and the Drug Control and System Improvement (Byrne) grant program to assure that the State will preserve all biological material secured in connection with a State criminal case for not less than the period that biological material is required to be preserved pursuant to this Act and will make DNA testing available to any person convicted in State court to the same extent, and under the same conditions, that DNA testing is available under this Act.Amends Public Safety and Community Policing grant program provisions to require that if any part of funds received from such a grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, or to obtain or analyze DNA samples for inclusion in CODIS, the grant application must certify that: (1) DNA analyses performed at such laboratory will satisfy or exceed the current standards for a quality assurance program for DNA analysis issued by the FBI Director under the DNA Identification Act of 1994; (2) DNA samples and analyses obtained and performed by such laboratory will be accessible only to the same extent as access is authorized earlier under this Act; (3) the laboratory and each analyst performing DNA analyses will undergo regular external proficiency testing by a DNA proficiency testing program that meets the standards issued under the DNA Identification Act; and (4) the State will preserve all biological material secured in connection with a State criminal case for not less than the period of time that biological material is required to be preserved pursuant to this Act and will make DNA testing available to any person convicted in State court to the same extent, and under the same conditions, that DNA testing is available under this Act to any person convicted in a court established by an Act of Congress.