[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR28.24]

[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. 28.24  Exceptions based on the results of judicial proceedings.

    Subsection (c) of section 3600A makes the biological evidence 
preservation requirement inapplicable in two circumstances relating to 
the results of judicial proceedings:
    (a) Judicial denial of DNA testing. Section 3600A(c)(1) exempts 
situations in which a court has denied a motion for DNA testing under 18 
U.S.C. 3600 and no appeal is pending.
    (b) Inclusion of defendant as source. Section 3600A(c)(5) exempts 
situations in which there has been DNA testing under 18 U.S.C. 3600 and 
the results included the defendant as the source of the evidence.