I 111th CONGRESS 2d Session H. R. 6214 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.

1.

Short title

This Act may be cited as the Justice for Rape Victims and Improving Use of DNA Evidence Act of 2010.

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. .

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. .