[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 149 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 149

 To improve investigation and prosecution of sexual assault cases with 
                  DNA evidence and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 13, 2003

 Mr. DeWine (for himself and Mr. Crapo) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To improve investigation and prosecution of sexual assault cases with 
                  DNA evidence and for other purposes.

    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 ``Rape Kits and DNA Evidence Backlog 
Elimination Act of 2003''.

SEC. 2. REAUTHORIZATION OF DNA ANALYSIS BACKLOG ELIMINATION ACT OF 
              2000.

    Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(j)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and'';
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) $25,000,000 for fiscal year 2004;
                    ``(E) $25,000,000 for fiscal year 2005;
                    ``(F) $25,000,000 for fiscal year 2006; and
                    ``(G) $25,000,000 for fiscal year 2007.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (C), by striking ``and''; and
                    (B) by striking subparagraph (D), and inserting the 
                following:
                    ``(D) $75,000,000 for fiscal year 2004;
                    ``(E) $75,000,000 for fiscal year 2005;
                    ``(F) $25,000,000 for fiscal year 2006; and
                    ``(G) $25,000,000 for fiscal year 2007.''.

SEC. 3. EXPANSION OF COMBINED DNA INDEX SYSTEM.

    (a) Inclusion of all DNA Samples From States.--Section 210304 of 
the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended--
            (1) in subsection (a)(1), by striking ``of persons 
        convicted of crimes;'' and inserting the following: ``of--
                    ``(A) persons convicted of crimes; and
                    ``(B) other persons, as authorized under the laws 
                of the jurisdiction that generates the records;''; and
            (2) by striking subsection (d).
    (b) Felons Convicted of Federal Crimes.--Section 3(d) of the DNA 
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is 
amended to read as follows:
    ``(d) Qualifying Federal Offenses.--The offenses that shall be 
treated for purposes of this section as qualifying Federal offenses are 
the following offenses, as determined by the Attorney General:
            ``(1) Any felony.
            ``(2) Any offense under chapter 109A of title 18, United 
        States Code.
            ``(3) Any crime of violence (as that term is defined in 
        section 16 of title 18, United States Code).
            ``(4) Any attempt or conspiracy to commit any of the 
        offenses under paragraphs (1) through (3).''.
    (c) Uniform Code of Military Justice.--Section 1565 of title 10, 
United States Code, is amended--
            (1) by amending subsection (d) to read as follows:
    ``(d) Qualifying Military Offenses.--The offenses that shall be 
treated for purposes of this section as qualifying military offenses 
are the following offenses, as determined by the Secretary of Defense, 
in consultation with the Attorney General:
            ``(1) Any offense under the Uniform Code of Military 
        Justice for which the authorized penalties include confinement 
        for more than 1 year.
            ``(2) Any other offense under the Uniform Code of Military 
        Justice that is comparable to a qualifying Federal offense (as 
        determined under section 3(d) of the DNA Analysis Backlog 
        Elimination Act of 2000).'';
            (2) by striking subsection (e); and
            (3) by redesignating subsection (f) as subsection (e).
    (d) Technical Amendments.--Section 811(a)(2) of the Antiterrorism 
and Effective Death Penalty Act of 1996 (28 U.S.C. 531 note) is 
amended--
            (1) in subparagraph (A), by striking ``[42 U.S.C.A. 
        14132a(d)]'' and inserting ``(42 U.S.C. 14135a(d))''; and
            (2) in subparagraph (B), by striking ``[42 U.S.C.A. 
        Sec. 14132b(d)]'' and inserting ``(42 U.S.C. 14135b(d))''.

SEC. 4. FORENSIC LABORATORY GRANTS.

    (a) Grants Authorized.--The Attorney General is authorized to award 
grants to not more than 15 State or local forensic laboratories to 
implement innovative plans to encourage law enforcement, judicial, and 
corrections personnel to increase the submission of rape evidence kits 
and other biological evidence from crime scenes.
    (b) Application.--Not later than December 31, 2004, each laboratory 
desiring a grant under this section shall submit an application 
containing a proposed plan to encourage law enforcement officials in 
localities with a DNA backlog to increase the submission of rape 
evidence kits and other biological evidence from crime scenes.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $30,000,000 for each of the fiscal years 2004 through 2006 
to carry out the provisions of this section.

SEC. 5. ELIGIBILITY OF LOCAL GOVERNMENTS OR INDIAN TRIBES TO APPLY FOR 
              AND RECEIVE DNA BACKLOG ELIMINATION GRANTS.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``, units of local 
                        government, or Indian tribes'' after ``eligible 
                        States''; and
                            (ii) by inserting ``, unit of local 
                        government, or Indian tribe'' after ``State''; 
                        and
                    (B) in paragraph (3), by striking ``or by units of 
                local government'' and inserting ``, units of local 
                government, or Indian tribes``;
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``, unit of local government, or Indian 
                tribe'' after ``State'' each place that term appears;
                    (B) in paragraph (1), by inserting ``, unit of 
                local government, or Indian tribe`` after ``State'';
                    (C) in paragraph (3), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'' the 
                first time that term appears;
                    (D) in paragraph (4), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State''; 
                and
                    (E) in paragraph (5), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'';
            (3) in subsection (c), by inserting ``, unit of local 
        government, or Indian tribe'' after ``State'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``or a 
                        unit of local government'' and inserting ``, a 
                        unit of local government, or an Indian tribe''; 
                        and
                            (ii) in subparagraph (B), by striking ``or 
                        a unit of local government'' and inserting ``, 
                        a unit of local government, or an Indian 
                        tribe''; and
                    (B) in paragraph (2)(A), by inserting ``, units of 
                local government, and Indian tribes,'' after 
                ``States'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by inserting ``or local 
                government'' after ``State'' each place that term 
                appears; and
                    (B) in paragraph (2), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'';
            (6) in subsection (f), in the matter preceding paragraph 
        (1), by inserting ``, unit of local government, or Indian 
        tribe'' after ``State'';
            (7) in subsection (g)--
                    (A) in paragraph (1), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State''; 
                and
                    (B) in paragraph (2), by inserting ``, units of 
                local government, or Indian tribes'' after ``States''; 
                and
            (8) in subsection (h), by inserting ``, unit of local 
        government, or Indian tribe'' after ``State'' each place that 
        term appears.

SEC. 6. SAFE PROGRAM.

    (a) Establishment of Grant Program.--The Attorney General shall 
establish a program to award and disburse annual grants to SAFE 
programs.
    (b) Compliance With National Protocol.--To receive a grant under 
this section, a proposed or existing SAFE program shall be in 
compliance with the standards and recommended national protocol 
developed by the Attorney General pursuant to section 1405 of the 
Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 
3796gg note).
    (c) Application.--
            (1) In general.--Each proposed or existing SAFE program 
        that desires a grant under this section shall submit an 
        application to the Attorney General at such time, and in such 
        manner, as the Attorney General shall reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall include information regarding--
                    (A) the size of the population or estimated 
                population to be served by the proposed or existing 
                SAFE program; and
                    (B) if the SAFE program exists at the time the 
                applicant submits its application, the effectiveness of 
                that SAFE program.
    (d) Priority Given to Programs in Underserved Areas.--In awarding 
grants under this section, the Attorney General shall give priority to 
proposed or existing SAFE programs that are serving, or will serve, 
populations currently underserved by existing SAFE programs.
    (e) Nonexclusivity.--Nothing in this Act shall be construed to 
limit or restrict the ability of proposed or existing SAFE programs to 
apply for and obtain Federal funding from any other agency or 
department, or under any other Federal grant program.
    (f) Audits.--The Attorney General shall audit recipients of grants 
awarded and disbursed under this section to ensure--
            (1) compliance with the standards and recommended national 
        protocol developed by the Attorney General pursuant to section 
        1405 of the Victims of Trafficking and Violence Protection Act 
        of 2000 (42 U.S.C. 3796gg note);
            (2) compliance with other applicable Federal laws; and
            (3) overall program effectiveness.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice $10,000,000 for each of 
fiscal years 2004 through 2008 for grants under this section.

SEC. 7. DNA EVIDENCE TRAINING GRANTS.

    (a) Grants Authorized.--The Attorney General is authorized to award 
grants to prosecutor's offices, associations, or organizations to train 
local prosecutors in the use of DNA evidence in a criminal 
investigation or a trial.
    (b) Application.--Each eligible entity desiring a grant under this 
section shall submit an application to the Attorney General at such 
time, in such manner, and accompanied by such information as the 
Attorney General may reasonably require.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of the fiscal years 2004 through 2006 
to carry out the provisions of this section.

SEC. 8. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES.

    (a) Statute of Limitations.--
            (1) In general.--Chapter 213 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 3297. Child abduction and sex offenses
    ``Notwithstanding any other provision of law, an indictment may be 
found or an information instituted at any time without limitation for 
any offense under section 1201 involving a minor victim, and for any 
felony under chapter 109A, 110, or 117, or section 1591.''.
    (2) Amendment to chapter analysis.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:

``3297. Child abduction and sex offenses.''.
    (b) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of the enactment of this section.

SEC. 9. TOLLING OF LIMITATION PERIOD FOR PROSECUTION IN CASES INVOLVING 
              DNA IDENTIFICATION.

    (a) In General.--Chapter 213 of title 18, United States Code, as 
amended by section 8, is further amended by adding at the end the 
following:
``Sec. 3298. Cases involving DNA evidence
    ``In a case in which DNA testing implicates a person in the 
commission of a felony, no statute of limitations that would otherwise 
preclude prosecution of the offense shall preclude such prosecution 
until a period of time following the DNA testing that implicates the 
person has elapsed that is equal to the otherwise applicable limitation 
period.''.
    (b) Clerical Amendment.--The table of sections for chapter 213 of 
title 18, United States Code, is amended by adding at the end the 
following:

``3298. Cases involving DNA evidence.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to the prosecution of any offense committed before, on, or after 
the date of the enactment of this section.

SEC. 10. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

    Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 
3796gg-6) is amended--
            (1) in subsection (a), by inserting ``dating violence,'' 
        after ``domestic violence,'';
            (2) in subsection (b)--
                    (A) by inserting before paragraph (1) the 
                following:
            ``(1) Dating violence.--The term `dating violence' means 
        violence committed by a person--
                    ``(A) who is or has been in a social relationship 
                of a romantic or intimate nature with the victim; and
                    ``(B) where the existence of such a relationship 
                shall be determined based on a consideration of--
                            ``(i) the length of the relationship;
                            ``(ii) the type of relationship; and
                            ``(iii) the frequency of interaction 
                        between the persons involved in the 
                        relationship.'';
                    (B) by redesignating paragraphs (1), (2), and (3) 
                as paragraphs (2), (3), and (4) respectively; and
                    (C) in paragraph (3), as redesignated by 
                subparagraph (B) of this paragraph, by inserting 
                ``dating violence,'' after ``domestic violence,'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by inserting--
                            (i) ``, dating violence,'' after ``between 
                        domestic violence''; and
                            (ii) ``dating violence,'' after ``victims 
                        of domestic violence,'';
                    (B) in paragraph (2), by inserting ``dating 
                violence,'' after ``domestic violence,''; and
                    (C) in paragraph (3), by inserting ``dating 
                violence,'' after ``domestic violence,'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``, dating 
                violence,'' after ``domestic violence'';
                    (B) in paragraph (2), by inserting ``, dating 
                violence,'' after ``domestic violence'';
                    (C) in paragraph (3), by inserting ``, dating 
                violence,'' after ``domestic violence''; and
                    (D) in paragraph (4), by inserting ``dating 
                violence,'' after ``domestic violence,'';
            (5) in subsection (e), by inserting ``dating violence,'' 
        after ``domestic violence,''; and
            (6) in subsection (f)(2)(A), by inserting ``dating 
        violence,'' after ``domestic violence,''.

SEC. 11. SENSE OF CONGRESS.

    It is the sense of Congress that the Paul Coverdell National 
Forensic Science Improvement Act (Public Law 106-561) should be funded 
in order to improve the quality, timeliness, and credibility of 
forensic science services for criminal justice purposes.
                                 <all>