[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR28.28]

[Page 460]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 28_DNA IDENTIFICATION SYSTEM--Table of Contents
 
              Subpart C_Preservation of Biological Evidence
 
Sec.  28.28  Sanctions for violations.

    (a) Disciplinary sanctions. Violations of section 3600A or of this 
subpart by Government employees shall be subject to the disciplinary 
sanctions authorized by the rules or policies of their employing 
agencies for violations of statutory or regulatory requirements.
    (b) Criminal sanctions. Violations of section 3600A may also be 
subject to criminal sanctions as prescribed in subsection (f) of that 
section. Section 3600A(f) makes it a felony offense, punishable by up to 
five years of imprisonment, for anyone to knowingly and intentionally 
destroy, alter, or tamper with biological evidence that is required to 
be preserved under section 3600A with the intent to prevent that 
evidence from being subjected to DNA testing or prevent the production 
or use of that evidence in an official proceeding.
    (c) No effect on validity of convictions. Section 3600A's 
requirements are enforceable through the disciplinary sanctions and 
criminal sanctions described in paragraphs (a) and (b) of this section. 
A failure to preserve biological evidence as required by section 3600A 
does not provide a basis for relief in any postconviction proceeding.

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