[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3168 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3168

To eliminate any limitation on indictment for sexual offenses and make 
        awards to States to reduce their DNA casework backlogs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 5 (legislative day, September 22), 2000

Mr. Torricelli introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To eliminate any limitation on indictment for sexual offenses and make 
        awards to States to reduce their DNA casework backlogs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sexual Assault Prosecution Act of 
2000''.

SEC. 2. SEXUAL OFFENSE LIMITATION.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended--
            (1) in section 3283, by striking ``sexual or''; and
            (2) by adding at the end the following:
``Sec. 3296. Sexual offenses
    ``An indictment for any offense committed in violation of chapter 
109A of this title may be found at any time without limitation.''.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 213 of title 18, United States Code, is amended by adding at 
the end the following:

``3296. Sexual offenses.''.

SEC. 3. AWARDS TO STATES TO REDUCE DNA CASEWORK BACKLOG.

    (a) Development of Plan.--
            (1) In general.--Not later than 45 days after the date of 
        enactment of this Act, the Director of the Federal Bureau of 
        Investigation, in coordination with the Assistant Attorney 
        General of the Office of Justice Programs of the Department of 
        Justice, and after consultation with representatives of States 
        and private forensic laboratories, shall develop a plan to 
        grant voluntary awards to States to facilitate DNA analysis of 
        all casework evidence of unsolved crimes.
            (2) Objective.--The objective of the plan developed under 
        paragraph (1) shall be to effectively expedite the analysis of 
        all casework evidence of unsolved crimes in an efficient and 
        effective manner, and to provide for the entry of DNA profiles 
        into the combined DNA Indexing System (``CODIS'').
    (b) Award Criteria.--The Federal Bureau of Investigation, in 
coordination with the Assistant Attorney General of the Office of 
Justice Programs of the Department of Justice, shall develop criteria 
for the granting of awards under this section including--
            (1) the applying State's number of unsolved crimes awaiting 
        DNA analysis; and
            (2) the applying State's development of a comprehensive 
        plan to collect and analyze DNA evidence.
    (c) Granting of Awards.--The Federal Bureau of Investigation, in 
coordination with the Assistant Attorney General of the Office of 
Justice Programs of the Department of Justice, shall develop 
applications for awards to be granted to States under this section, 
shall consider all applications submitted by States, and shall disburse 
all awards under this section.
    (d) Award Conditions.--States receiving awards under this section 
shall--
            (1) require that each laboratory performing DNA analysis 
        satisfies quality assurance standards and utilizes state-of-
        the-art DNA testing methods, as set forth by the Federal Bureau 
        of Investigation in coordination with the Assistant Attorney 
        General of the Office of Justice Programs of the Department of 
        Justice;
            (2) ensure that each DNA sample collected and analyzed be 
        made available only--
                    (A) to criminal justice agencies for law 
                enforcement purposes;
                    (B) in judicial proceedings if otherwise 
                admissible;
                    (C) for criminal defense purposes, to a criminal 
                defendant, who shall have access to samples and 
                analyses performed in connection with any case in which 
                such defendant is charged; or
                    (D) if personally identifiable information is 
                removed, for a population statistics database, for 
                identification research and protocol development 
                purposes, or for quality control purposes; and
            (3) match the award by spending 15 percent of the amount of 
        the award in State funds to facilitate DNA analysis of all 
        casework evidence of unsolved crimes.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice $15,000,000 for each of 
fiscal years 2001, 2002, 2003, and 2004, for awards to be granted under 
this section.
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