possession

(5) Definitions In this subsection: (A) Awaiting testing The term “awaiting testing” means, with respect to a sample of sexual assault evidence, that— (i) the sample has been collected and is in the possession of a State or unit of local government; (ii) DNA and other appropriate forensic analyses have not been performed on such sample; and (iii) the sample is related to a criminal case or investigation in which final disposition has not yet been reached. (B) Final disposition The term “final disposition” means, with respect to a criminal case or investigation to which a sample of sexual assault evidence relates— (i) the conviction or acquittal of all suspected perpetrators of the crime involved; (ii) a determination by the State or unit of local government in possession of the sample that the case is unfounded; or (iii) a declaration by the victim of the crime involved that the act constituting the basis of the crime was not committed. (C) Possession (i) In general The term “possession”, used with respect to possession of a sample of sexual assault evidence by a State or unit of local government, includes possession by an individual who is acting as an agent of the State or unit of local government for the collection of the sample. (ii) Rule of construction Nothing in clause (i) shall be construed to create or amend any Federal rights or privileges for non-governmental vendor laboratories described in regulations promulgated under section 12591 of this title .

Source

34 USC § 40701(n)(5)


Scoping language

None identified. Default scope is assumed to be the entire title.
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