[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5640 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5640

               To establish a National Rape Kit Database.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2010

  Mr. Weiner introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
               To establish a National Rape Kit Database.

    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 ``National Rape Kit Database Act''.

SEC. 2. NATIONAL RAPE KIT DATABASE.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Attorney General shall establish a public 
database on information on rape kits collected by Federal, State, and 
local law enforcement agencies.
    (b) Participation and Required Information.--
            (1) Participation.--
                    (A) In general.--Each database-participating entity 
                shall, in accordance with the requirements described in 
                subsection (c), include in the database under 
                subsection (a) all applicable information described in 
                paragraph (2) on rape kits collected or tested by such 
                entity.
                    (B) Database-participating entity defined.--For 
                purposes of this section, the term ``database-
                participating entity'' means--
                            (i) a Federal law enforcement agency; and
                            (ii) for purposes of establishing 
                        compliance under subsection (d)--
                                    (I) a State law enforcement agency;
                                    (II) a local law enforcement 
                                agency; and
                                    (III) a State or local laboratory 
                                owned by a State or unit of local 
                                government.
            (2) Required information.--Information described in this 
        paragraph, with respect to a rape kit, includes--
                    (A) in the case of a database-participating entity 
                that is a law enforcement entity--
                            (i) the date of the action constituting the 
                        basis for the collection of the rape kit;
                            (ii) the city (or other appropriate 
                        geographic location) where such action 
                        occurred;
                            (iii) the date of the entry into the 
                        database;
                            (iv) the date evidence contained in the 
                        rape kit was collected;
                            (v) the entity (including a law enforcement 
                        agency, laboratory, or other entity) that has 
                        possession of the rape kit;
                            (vi) the processing status of the rape kit; 
                        and
                            (vii) in the case of a backlogged case, 
                        whether the statute of limitations has expired; 
                        and
                    (B) with respect to a database-participating entity 
                that is a laboratory, updates on the processing status 
                of the rape kit.
    (c) Required Terms for Inclusion of Information.--The requirements 
described in this paragraph, with respect to information included in 
the database under subsection (a) by a database-participating entity, 
are the following:
            (1) Limitation on scope of information.--No personally 
        identifiable information (such as the name of the victim 
        involved and the address and other contact information of such 
        victim) shall be included in the database.
            (2) Unique id number and timing for inclusion of 
        information.--
                    (A) In general.--Subject to paragraph (3) and 
                subparagraph (B)--
                            (i) not later than 72 hours after the time 
                        at which a rape kit is first processed as 
                        evidence--
                                    (I) a unique identification number 
                                shall be assigned to such rape kit; and
                                    (II) the database-participating 
                                entity in possession of the rape kit 
                                shall include in the database 
                                information on such rape kit described 
                                in subsection (b)(2) in a manner that 
                                identifies such information by such 
                                identification number; and
                            (ii) not later than 72 hours after testing 
                        the rape kit, the database-participating entity 
                        conducting such testing shall update within the 
                        database the processing status of such rape 
                        kit.
                Any information related to such rape kit that is 
                included in such database shall be identifiable within 
                such database by such unique identification number.
                    (B) Rape kits collected before establishment of 
                database.--Subject to paragraph (3), in the case of a 
                rape kit collected before the date of establishment of 
                the database, a database-participating entity shall not 
                be required to include in such database information on 
                (or have a unique identification number assigned with 
                respect to) such rape kit before such date that is 1 
                year after the date of the enactment of this Act.
            (3) Rape kits not included (or to follow a delayed 
        inclusion) in registry.--With respect to a rape kit collected 
        or tested by a database-participating entity, the following 
        shall apply:
                    (A) In the case that the rape kit relates to a case 
                that the entity determines to be unfounded, or to a 
                case in which the victim withdraws the victim's 
                report--
                            (i) if such determination or withdrawal 
                        occurs--
                                    (I) before the 72-hour deadline 
                                described in paragraph (2)(A)(i) (or 
                                has not otherwise been included in the 
                                database), information on such rape kit 
                                shall not be included in the database; 
                                or
                                    (II) after information on such rape 
                                kit has been entered into the database, 
                                such information shall be identified as 
                                inactive; and
                            (ii) the entity shall include within the 
                        database the total number of such rape kits 
                        that were not so included in the database and 
                        identified as inactive.
                    (B) In the case that the rape kit is collected from 
                a victim who has not made to the law enforcement agency 
                involved a police report on the action constituting the 
                basis for the collection of the rape kit, the law 
                enforcement agency shall not include information on 
                such rape kit in the database until the date on which 
                the victim makes such a report or, if sooner and 
                allowed under applicable State law, until the date on 
                which the agency commences an investigation related to 
                such rape kit without such a victim report.
            (4) Method of inclusion of information.--The database-
        participating entity shall include information in the database 
        through a secure Internet Web site.
    (d) Compliance.--
            (1) Funding under debbie smith and byrne grant programs 
        contingent on compliance.--For any fiscal year beginning after 
        the date of the establishment of the database under subsection 
        (a), a State or unit of local government shall not be eligible 
        for Federal funding under section 2 of the DNA Analysis Backlog 
        Elimination Act of 2000 (42 U.S.C. 14135) or under subpart 1 of 
        part E of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 unless such State or unit is in compliance with 
        this section with respect to such fiscal year.
            (2) Determination of compliance.--
                    (A) In general.--A State or unit of local 
                government is in compliance with this section with 
                respect to a fiscal year if the State or unit provides 
                to the Attorney General a certification described in 
                subparagraph (B) for such fiscal year.
                    (B) Certification.--A certification described in 
                this subparagraph for a fiscal year is--
                            (i) in the case of a State, a certification 
                        that for such fiscal year--
                                    (I) at least 75 percent of the 
                                State law enforcement agencies;
                                    (II) at least 75 percent of the 
                                local law enforcement agencies within 
                                the State;
                                    (III) 100 percent of the State 
                                laboratories owned by the State; and
                                    (IV) 100 percent of the local 
                                laboratories owned by units of local 
                                government within the State,
                        included information, in accordance with this 
                        section, in the database under subsection (a) 
                        for substantially all rape kits collected or 
                        tested by such agency or laboratory; and
                            (ii) in the case of a unit of local 
                        government, a certification that for such 
                        fiscal year the local law enforcement agency of 
                        the unit and the local laboratory owned by the 
                        unit, as applicable, included information, in 
                        accordance with this section, in the database 
                        under subsection (a) for substantially all rape 
                        kits collected or tested by such agency or 
                        laboratory.
    (e) Public Access.--The database established under subsection (a) 
shall be made available to the public and shall be made available in a 
manner that allows the comparison of information and processing of such 
information to generate trends.
    (f) Technical Assistance.--The Attorney General shall provide for--
            (1) assistance to database-participating entities that do 
        not have access to the Internet in order to enable such 
        entities to participate under this section; and
            (2) a helpdesk and technical assistance for database-
        participating entities to participate under this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary for each of fiscal years 2011 
through 2016 to carry out this section.
    (h) Definitions.--For purposes of this section:
            (1) Rape kit.--The term ``rape kit'' means a sexual assault 
        forensics evidence collection kit.
            (2) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, American Samoa, Guam, 
        and the Northern Mariana Islands.
    (i) Conforming Amendments.--
            (1) Conditioning receipt of debbie smith dna backlog grant 
        program funds on participation in national rape kit database.--
        Section 2(b) of the DNA Analysis Backlog Elimination Act of 
        2000 (42 U.S.C. 14135(b)) is amended--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; and'' ; and
                    (C) by adding at the end the following:
            ``(8) for grants for fiscal years beginning after the date 
        of the establishment of the database established under 
        subsection (a) of section 2 of the National Rape Kit Database 
        Act, specify that the State or unit of local government is in 
        compliance with such section, as determined under subsection 
        (d)(2) of such section.''.
            (2) Conditioning receipt of edward byrne memorial justice 
        assistance grant program funds on participation in national 
        rape kit database.--Section 502 of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3752) is amended by 
        adding at the end the following new paragraph:
            ``(6) For grants for fiscal years beginning after the date 
        of the establishment of the database established under 
        subsection (a) of section 2 of the National Rape Kit Database 
        Act, a certification under subsection (d)(2) of such section 
        that the State or unit of local government is in compliance 
        with such section.''.
                                 <all>