[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6214 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6214

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 provide incentives to States and units of local government under the 
 Edward Byrne Memorial Justice Assistance Grant Program for providing 
 certain services to victims of sexual assault or rape, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2010

    Mr. Nadler of New York introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 provide incentives to States and units of local government under the 
 Edward Byrne Memorial Justice Assistance Grant Program for providing 
 certain services to victims of sexual assault or rape, 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 ``Justice for Rape Victims and 
Improving Use of DNA Evidence Act of 2010''.

SEC. 2. INCENTIVE FUNDS UNDER THE BYRNE GRANT PROGRAM FOR STATES AND 
              UNITS OF LOCAL GOVERNMENT THAT PROVIDE CERTAIN SERVICES 
              TO VICTIMS OF SEXUAL ASSAULT.

    Section 505 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3754) is amended by adding at the end the following new 
subsection:
    ``(i) Incentive Funds for Providing Certain Services to Victims of 
Sexual Assault and Establishing Rape Kit Databases.--
            ``(1) In general.--The amounts allocated under this section 
        to a State or unit of local government for a fiscal year 
        (beginning with the first fiscal year that begins at least one 
        year from the date of the enactment of this subsection) shall 
        be increased by 10 percent if such State or unit of local 
        government provides and certifies in accordance with such 
        standards as the Attorney General may require, that the State 
        or unit of local government had in effect, for the previous 
        fiscal year, each of the following:
                    ``(A) Examination and testing of rape kit.--A 
                process to provide to each victim of sexual assault, 
                with respect to an act of sexual assault over which the 
                State or unit of local government has jurisdiction, 
                each of the following:
                            ``(i) Examination by a qualified sexual 
                        assault nurse examiner to collect a rape kit 
                        from such victim.
                            ``(ii) Testing of any rape kit collected 
                        from such victim and the furnishing of any 
                        results from such test to the victim not later 
                        than 180 days after the date on which such 
                        testing was requested.
                    ``(B) Rape kit database.--A database developed and 
                maintained by such State or unit of local government 
                related to rape kits collected, in connection with acts 
                of sexual assault over which the State or unit of local 
                government has jurisdiction, from victims of such acts 
                that complies with the following requirements:
                            ``(i) The database, for each rape kit 
                        collected from each victim of sexual assault, 
                        provides for the following:
                                    ``(I) Identifies such rape kit by a 
                                unique identifying number.
                                    ``(II) The database contains 
                                information on the date and location of 
                                each of the following:
                                            ``(aa) The act of sexual 
                                        assault for which such rape kit 
                                        was collected.
                                            ``(bb) The medical 
                                        examination conducted from 
                                        which such rape kit was 
                                        collected.
                                            ``(cc) The testing of such 
                                        rape kit.
                                    ``(III) The database contains 
                                information on the real-time physical 
                                location of such rape kit, including 
                                street address, locality, and State.
                                    ``(IV) The database contains 
                                information on the results of any 
                                testing of such rape kit.
                            ``(ii) Information contained in the 
                        database, with respect to a rape kit, may be 
                        made available only as follows:
                                    ``(I) On a publically available 
                                Internet site but only to the extent 
                                that such information does not include 
                                any personally identifiable information 
                                (including the name of the victim 
                                associated with a unique identifying 
                                number).
                                    ``(II) To criminal justice agencies 
                                for law enforcement identification 
                                purposes.
                                    ``(III) In judicial proceedings, if 
                                otherwise admissible pursuant to 
                                applicable statutes or rules.
                                    ``(IV) To a physican or nurse who 
                                is treating a victim of sexual assault 
                                from whom the rape kit was collected 
                                for injuries resulting from the sexual 
                                assault of such victim or with respect 
                                to the collection of such rape kit, but 
                                only insofar as the information relates 
                                to such treatment.
                                    ``(V) To the victim of sexual 
                                assault from whom the rape kit was 
                                collected, if the information made 
                                available is limited to information 
                                relating to the rape kit collected from 
                                such victim.
                            ``(iii) Information contained in such 
                        database shall be searchable by any of the 
                        criteria specified in clause (i), subject to 
                        the availability of such information under 
                        clause (ii).
                            ``(iv) Access for purposes of data entry 
                        and editing (including updating) of such 
                        database shall be limited to appropriate 
                        individuals of a State or local law enforcement 
                        agency.
            ``(2) Funding.--
                    ``(A) Ratable reduction for insufficient funds.--If 
                there are insufficient funds for a fiscal year to 
                allocate to each State or unit of local government the 
                amount of incentive funds that such State or unit of 
                local government is otherwise eligible to receive under 
                this subsection, the Attorney General shall ratably 
                reduce the allotment to all States and units of local 
                government based on the proportionate share each State 
                or unit of local government received under this section 
                (before the application of this subsection) for the 
                preceding fiscal year.
                    ``(B) Authorization of appropriations.--In addition 
                to funds made available under section 508, there is 
                authorized to be appropriated for incentive funds under 
                this subsection such sums as may be necessary for each 
                of the fiscal years 2011 through 2015.
            ``(3) Definitions.--For purposes of this subsection:
                    ``(A) The term `sexual assault' has the meaning 
                given such term in section 40002(a) of the Violence 
                Against Women Act of 1994 (42 U.S.C. 13925a(a)).
                    ``(B) The term `victim of sexual assault' means an 
                individual who seeks medical treatment or care for an 
                injury sustained as a result of sexual assault and 
                reports such injury to a local or State law enforcement 
                officer or agency.
                    ``(C) The term `rape kit' means DNA evidence 
                obtained related to sexual assault.
                    ``(D) The term `qualified sexual assault nurse 
                examiner' means a nurse that has obtained certification 
                from a hospital, governmental entity, or an appopriate 
                institution of higher education (as defined in section 
                102 of the Higher Education Act of 1965 (20 U.S.C. 
                1002)), for the collection of rape kits from victims of 
                sexual assault.
                    ``(E) The term `tested' means, with respect to a 
                rape kit, that such rape kit has undergone forensic 
                analysis.
                    ``(F) The term `unique identifying number' means a 
                series of letters, numbers, or a combination thereof, 
                that a law enforcement agency assigns to a rape kit 
                that--
                            ``(i) such agency receives in connection 
                        with an act of sexual assault; and
                            ``(ii) is used in place of the name of a 
                        victim of sexual assault in the database 
                        established under this subsection except if the 
                        person accessing the database is the victim of 
                        sexual assault or a member of a law enforcement 
                        agency.''.

SEC. 3. STUDY AND REPORT ON DNA BACKLOG.

    Subsection (g) of section 2 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135(g)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) by moving subparagraphs (A), (B), and (C) (as so 
        redesignated by paragraph (1) of this section) two ems to the 
        right;
            (3) by striking ``(g) Reports to Congress--Not'' and 
        inserting the following:
    ``(g) Reports to Congress.--
            ``(1) In general.--Not''; and
            (4) by adding at the end the following new paragraph:
            ``(2) Study and report to congress on dna backlog.--
                    ``(A) Study.--The Attorney General shall conduct a 
                study to determine the extent of the backlog in the 
                United States relating to the analysis of DNA samples 
                collected from crime scenes, victims, suspects, 
                arrestees, and convicted offenders. Such study shall 
                determine the following:
                            ``(i) The number of each of the following:
                                    ``(I) DNA samples that have been 
                                prepared to be sent to a public or 
                                private crime laboratory for forensic 
                                analysis but have not been sent to such 
                                laboratory.
                                    ``(II) Investigations for which DNA 
                                samples described in subclause (I) have 
                                been collected.
                                    ``(III) DNA samples that have been 
                                received by a public or private crime 
                                laboratory for forensic analysis but 
                                have not yet been tested at such 
                                laboratory.
                                    ``(IV) Investigations for which DNA 
                                samples described in subclause (III) 
                                have been collected.
                            ``(ii) For each DNA sample and for each 
                        investigation for which such samples exist, the 
                        average duration of the following periods:
                                    ``(I) The period beginning on the 
                                date that is 30 days after the date 
                                each sample is collected from victims 
                                of sexual assault and ending on the 
                                date each sample is sent to a public or 
                                private crime laboratory to be tested.
                                    ``(II) The period beginning on the 
                                date that is 30 days after the date 
                                each sample is received by a public or 
                                private crime laboratory and ending on 
                                the date each sample is tested at each 
                                such laboratory.
                    ``(B) Report.--Not later than two years after the 
                date of the enactment of this Act and for each year 
                thereafter, the Attorney General shall submit to 
                Congress a report containing--
                            ``(i) the results of the study conducted 
                        under subparagraph (A);
                            ``(ii) a statistical analysis of the data 
                        contained in such study, disaggregated by 
                        jurisdiction, criminal offense, type of DNA 
                        evidence tested, if available, and any other 
                        category of information the Attorney General 
                        may require; and
                            ``(iii) recommendations on how to reduce--
                                    ``(I) the number of DNA samples and 
                                investigations that are subject to the 
                                conditions described in subparagraph 
                                (A)(i); and
                                    ``(II) the average duration of the 
                                periods described in subparagraph 
                                (A)(ii).
                    ``(C) Definitions.--For purposes of this paragraph:
                            ``(i) The term `DNA sample' means evidence 
                        containing human DNA collected by Federal, 
                        State, local, or tribal law enforcement 
                        agencies.
                            ``(ii) The term `investigation' includes 
                        any investigatory action taken by a Federal, 
                        State, tribal, or local law enforcement agency 
                        relating to an act of sexual assault after such 
                        agency receives a report of such act.
                            ``(iii) The term `tested' means, with 
                        respect to a DNA sample that such sample has 
                        undergone forensic analysis.''.
                                 <all>