[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2090 Introduced in Senate (IS)]

<DOC>







107th CONGRESS
  2d Session
                                S. 2090

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

                             April 11, 2002

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 
2002''.

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. 1A3296. 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--
                    (A) effectively expedite the analysis of all 
                casework evidence of unsolved crimes in an efficient 
                and effective manner; and
                    (B) 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 number of unsolved crimes awaiting DNA analysis in 
        the State that is applying for an award under this section; and
            (2) the development of a comprehensive plan to collect and 
        analyze DNA evidence by the State that is applying for an award 
        under this section.
    (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--
            (1) develop applications for awards to be granted to States 
        under this section;
            (2) consider all applications submitted by States; and
            (3) 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--
                            (i) a population statistics database;
                            (ii) identification research and protocol 
                        development purposes; or 
                            (iii) 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 2003 through 2006, for awards to be granted under this 
section.