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DOJ/LA

RIN: 1105-AB10

Publication ID: Fall 2008

Title: Preservation of Biological Evidence
Abstract: The Department of Justice is publishing this rule to implement 18 U.S.C. 3600A. That statute requires the Federal Government to preserve biological evidence in Federal criminal cases in which defendants are under sentences of imprisonment, subject to certain limitations and exceptions. Subsection (e) of the statute requires the Attorney General to promulgate regulations to implement and enforce the statute. This rule adds a new subchapter C to 28 CFR part 28 to effect the required implementation and enforcement of 18 U.S.C. 3600A. The new provisions added by this rule explain and interpret the evidence preservation requirement of 18 U.S.C. 3600A, and include provisions concerning sanctions for violations of that requirement.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 28 CFR 28
Legal Authority: 18 USC 3600A

Legal Deadline:

Action	Source	Description	Date
Other	Statutory	Implementing regulations required within 180 days of enactment.	04/28/2005

Timetable:

Action	Date	FR Cite
Interim Final Rule	04/28/2005	70 FR 21951
Interim Final Rule Comment Period End	06/27/2005
Final Action	12/00/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: David J. Karp Senior Counsel Department of Justice Legal Activities Office of Legal Policy, Room 4509, 950 Pennsylvania Avenue NW, Washington, DC 20530 Phone:202 514-3273