I 111th CONGRESS 2d Session H. R. 5640 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.

1.

Short title

This Act may be cited as the National Rape Kit Database Act.

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. .