National Campaigns

About the Legislation

The Justice Project led a five-year campaign to pass the Innocence Protection Act (IPA), which was signed into law as part of the larger Justice for All Act by President Bush on October 30, 2004. As the first piece of federal death penalty reform to be enacted, the passage of the IPA continues to represent a historical milestone. The IPA includes the Kirk Bloodsworth Post-Conviction DNA Testing Program, which authorizes important funding to states to conduct post-conviction DNA testing. The bill also authorizes significant funding to states to help improve the quality of representation in capital cases. States may apply for these funds to help train, oversee, and improve the quality of death penalty trials. The IPA was enacted as part of more comprehensive legislation, which also authorizes funding to states to clear their DNA backlogs and improve forensic laboratory capacity and standards across the nation. Congressional appropriations committees committed $4 million to the programs authorized by the IPA for FY2007. The Justice Project is currently seeking full funding of the IPA programs for FY2008.

The Justice For All Act is the product of a bi-partisan, bicameral compromise led by then-Senate Judiciary Chairman Orrin Hatch (R-UT), Ranking Member Senator Patrick Leahy (D-VT), current Senate Judiciary Chairman Arlen Specter (R-PA), House Judiciary Chairman F. James Sensenbrenner (R-WI) and Rep. William Delahunt (D-MA). It passed the House by an overwhelming vote of 393 to 14 on October 6, 2004 and the Senate by voice vote three days later. The below three sections briefly outline the law's provisions:

Innocence Protection Act

• This law creates the Kirk Bloodsworth Post-Conviction DNA Testing Program and authorizes $25 million over five years to help states pay the costs of post-conviction DNA testing; and it
• Authorizes grants to states for Capital Prosecution and Capital Defense Improvement, which will be used to train, oversee, and improve the quality of death penalty trials, as well as assist families of murder victims. Congress has approved $375 million over five years in grants to states that adopt and implement minimum standards for the appointment of prosecutors and defense counsel in capital cases. It also subjects the state to federal review to ensure that the money is being spent as required by law.

DNA Testing

• These provisions enact the Debbie Smith Backlog Grant Program, providing $755 million to test the backlog of over 300,000 rape kits and other crime scene evidence awaiting analysis in our nation's crime labs; and they
• Enact the DNA Sexual Assault Justice Act and the Rape Kits and DNA Evidence Backlog Elimination Act, authorizing more than $500 million for programs to improve the capacity of crime labs to conduct DNA analysis, reduce non-DNA backlogs, train examiners, support sexual assault forensic examiner programs, and promote the use of DNA to identify missing persons.

Crime Victims' Rights

Title I provides substantive rights for crime victims, as well as mechanisms to enforce these rights. It also authorizes $155 million in funding over the next five years for victims' assistance programs at the Federal and state level. This appropriation will be used to fund:

• Victim/Witness Assistance Programs at the offices of the United States Attorneys
• Enhancement of the Victim Notification System at the Department of Justice
• Organizations that provide legal counsel and support services for victims
• Creation of state-of-the-art victims' rights laws and compliance systems in the states

• Complete Timeline for The Innocence Protection Act
• The Innocence Protection Act Of 2004: A Small Step Forward And A Framework For Larger Reforms by Ron Weich for The Champion magazine. In this piece, Weich gives a comprehensive legislative history of the IPA.
• IPA in the 108th Congress: During the 108th Congress, the IPA was re-introduced as a part of the Advancing Justice Through DNA Technology Act (HR 3214/S 1700). Near the end of the session, the IPA was included in a new piece of omnibus legislation, the Justice for All Act of 2004 (HR 5107) and quickly passed in the House and the Senate. President Bush signed HR 5107 into law on October 30, 2004.
• IPA in the 107th Congress: During the 107th Congress, the IPA gained support from a majority of members of the House of Representatives and was approved by a key Senate Committee.
• IPA in the 106th Congress: The IPA was originally introduced on February 11, 2000, with strong bi-partisan support in both the House and Senate.

• View our statement on President Bush's State of the Union address. (Feb. 3, 2005)
• View our one-pager on HR 5107.
• View our section-by-section analysis of HR 5107.
• View our section-by-section summary of the Innocence Protection Act of 2004 (Title IV of HR 5107).
• View our press release on the bill's passage in the Senate. (Oct. 9, 2004)
• View our press release on the bill's passage in the House. (Oct. 6, 2004)
• View our press release on the bill's introduction and passage in the House Judiciary Committee. (Sept. 22, 2004)

Congress

• The Honorable Patrick J. Leahy's (D-VT) Statement on the Legislative History of the IPA. From the Congressional Record, issued November 19, 2004
• Statement from the Honorable William Delahunt (D-MA 10th) on the Passage of the 'Justice for All Act or 2004.' Issued October 10, 2004.
• Press Release and Statement from the Honorable Patrick Leahy (D-VT) on the Passage of the 'Justice for All Act of 2004' in the US Senate. Issued October 9, 2004.
• Statement from the Honorable Orrin Hatch (R-UT) on the Passage of the 'Justice for All Act of 2004' in the US Senate. Issued October 9, 2004.
• Statement from the Honorable Patrick J. Leahy (D-VT) on the Passage of the 'Justice for All Act of 2004' in the US House of Representatives. Issued October 6, 2004.
• Statement from the Honorable F. James Sensenbrenner (R-WI 5th) on the Passage of the 'Justice for All Act of 2004' in the US House of Representatives. Issued October 6, 2004.

Wrongfully Convicted

• Letter to Congress from Kirk Bloodsworth, May 24, 2004.
  Kirk Bloodsworth's case was the first capital conviction to be overturned as a result of DNA testing in the United States. The Innocence Protection Act of 2003 includes the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program, which provides $5 million a year for five years to help defray the costs of post-conviction DNA testing.
• Statement from Kirk Bloodsworth on the Introduction of the Innocence Protection Act of 2003.
• Testimony of Michael Graham, freed death row inmate, on the Innocence Protection Act before the Senate Judiciary Committee

Crime Victims

• Letter from Making Justice Happen 2004 Committee -- September 27, 2004. In this letter, leaders in the victims assistance community and criminal justice professionals thank the members of the Senate Judiciary Committee who voted in favor of the IPA.
• Letter from Making Justice Happen 2004 Committee -- April 5, 2004. This letter was signed by leaders in the victims assistance community and cosigned by a number of allied criminal justice professionals.
• Op-Ed: Unclog the Backlog, by Marty Goddard. East Valley Tribune (AZ), May 17, 2004.
• Op-Ed: DNA Testing Bill Would Protect the Innocent, by Jennifer Thompson. Durham Herald-Sun (NC), April 26, 2004.
• Op-Ed: An unlikely pair call for DNA justice, Coauthored by Debbie Smith, rape survivor, and Kirk Bloodsworth, the first death row inmate to be exonerated based on DNA evidence. Houston Chronicle, October 26, 2003.
• Victim/Survivor and Victim Advocacy Organizations' letter to Congress, 2001

Current and Former Prosecutors and Law Enforcement Officials

•  Letter from Prosecutors, Law Enforcement Officers, and Justice Department Officials to Congress

Editorial Support

• Editorials from around the country in support of the IPA.

Fact Sheets