Title 34 — Crime Control and Law Enforcement
Chapter 603 — Improving the Quality of Representation in State Capital Cases
§ 60303. Applications
Statutory text
In general
The Attorney General shall establish a process through which a State may apply for a grant under this chapter.
Application
In general
A State desiring a grant under this chapter shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require.
Contents
Each application submitted under paragraph (1) shall contain—
a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought;
a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities;
a long-term statewide strategy and detailed implementation plan that—
reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and
establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes;
in the case of a State that employs a statutory procedure described in section 60301(e)(1)(C) of this title, a certification by an appropriate officer of the State that the State is in substantial compliance with the requirements of the applicable State statute; and
assurances that Federal funds received under this chapter shall be—
used to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under this chapter; and
allocated in accordance with section 60306(b) of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Innocence Protection Act of 2004
Pub. L. 108–405 title IV § 423 · 118 Stat. 2260
Enacted · 34 U.S.C. § 60303
(Pub. L. 108–405, title IV, § 423, Oct. 30, 2004, 118 Stat. 2288.)
Source evidence
Code source credit
(Pub. L. 108–405, title IV, § 423, Oct. 30, 2004, 118 Stat. 2288.)Enacted provision · exact public law section
SEC. 423. APPLICATIONS. (a) In General.— The Procedures. Attorney General shall establish a process through which a State may apply for a grant under this subtitle. (b) Application.— (1) In general.— A State desiring a grant under this subtitle shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. (2) Contents.— Each application submitted under paragraph (1) shall contain— (A) Certification. a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought; (B) a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities; (C) a long-term statewide strategy and detailed implementation plan that— (i) reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and (ii) establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes; (D) in the case of a State that employs a statutory procedure described in section 421(e)(1)(C), a certification by an appropriate officer of the State that the State is in substantial compliance with the requirements of the applicable State statute; and (E) assurances that Federal funds received under this subtitle shall be— (i) used to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under this subtitle; and (ii) allocated in accordance with section 426(b).
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was formerly classified to section 14163b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.