---
kind: "section"
citation: "28 C.F.R. § 28.28"
title: "28"
number: "28.28"
heading: "Sanctions for violations."
url: "https://uscodex.org/cfr/28/28.28"
---

# §28.28. Sanctions for violations.

- (a) **Disciplinary sanctions.** Violations of [section 3600A](/cfr/28/3600A.md) 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](/cfr/28/3600A.md) may also be subject to criminal sanctions as prescribed in subsection (f) of that section. [Section 3600A(f)](/cfr/28/3600A.md?p=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](/cfr/28/3600A.md) 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](/cfr/28/3600A.md)'s requirements are enforceable through the disciplinary sanctions and criminal sanctions described in paragraphs [(a)](#a) and [(b)](#b) of this section. A failure to preserve biological evidence as required by [section 3600A](/cfr/28/3600A.md) does not provide a basis for relief in any postconviction proceeding.

## Notes

### Source

Source: Order No. 2762-2005, 70 FR 21957, Apr. 28, 2005, unless otherwise noted.

### Authority

Authority: 28 U.S.C. 509, 510; 34 U.S.C. 12592, 40702, 40703; 10 U.S.C. 1565; 18 U.S.C. 3600A; Public Law 106-546, 114 Stat. 2726; Public Law 107-56, 115 Stat. 272; Public Law 108-405, 118 Stat. 2260; Public Law 109-162, 119 Stat. 2960; Public Law 109-248, 120 Stat. 587; Public Law 115-50, 131 Stat. 1001.

### Source

Source: Order No. 2699-2003, 68 FR 74858, Dec. 29, 2003, unless otherwise noted.