[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2736 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 2736
To reduce the rape kit backlog and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 5, 2009
Mr. Franken (for himself, Mr. Grassley, Mrs. Feinstein, and Mr. Hatch)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reduce the rape kit backlog 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 Survivors of Sexual
Assault Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Rape is a serious problem in the United States.
(2) The Department of Justice reports that in 2006, there
were an estimated 261,000 rapes and sexual assaults, and
studies show only \1/3\ of rapes are reported.
(3) The collection and testing of DNA evidence is a
critical tool in solving rape cases. Law enforcement officials
using the Combined DNA Index System have matched unknown DNA
evidence taken from crime scenes with known offender DNA
profiles in the State and National DNA database 2,371 times.
(4) Despite the availability of funding under the
amendments made by the Debbie Smith Act of 2004 (title II of
Public Law 108-405; 118 Stat. 2266), there exists a significant
rape kit backlog in the United States.
(5) A 1999 study commissioned by the National Institute of
Justice estimated that there was an annual backlog of 180,000
rape kits that had not been analyzed.
(6) No agency regularly collects information regarding the
scope of the rape kit backlog in the United States.
(7) Certain States cap reimbursement for rape kits at
levels that are less than \1/2\ the average cost of a rape kit
in those States. Yet, section 2010 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4)
requires that in order to be eligible for grants under part T
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg et seq.) (commonly known as ``STOP Grants''),
States shall administer rape kits to survivors free of charge
or provide full reimbursement.
(8) There is a lack of sexual assault nurse examiners and
health professionals who have received specialized training
specific to sexual assault victims.
SEC. 3. PURPOSE.
The purpose of this Act is to seek appropriate means to address the
problems surrounding forensic evidence collection in cases of sexual
assault, including rape kit backlogs, reimbursement for or free
provision of rape kits, and the availability of trained health
professionals to administer rape kit examinations.
SEC. 4. RAPE KIT BACKLOGS.
(a) Additional Protocol Requirement for Receiving Edward Byrne
Grants.--Section 502 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3752) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) A certification that the applicant has implemented a
policy requiring all rape kits collected by or on behalf of the
applicant to be sent to crime laboratories for forensic
analysis.''.
(b) Additional Debbie Smith Grant Requirements; Definitions.--
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a)(2), by striking ``samples from rape
kits, samples from other sexual assault evidence, and samples
taken in cases without an identified suspect.'' and inserting
``to eliminate a rape kit backlog and to ensure that DNA
analyses of samples from rape kits are carried out in a timely
manner.'';
(2) in subsection (b)--
(A) paragraph (6), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(8) if the State or unit of local government has a rape
kit backlog, include a plan to eliminate the rape kit backlog
that includes performance measures to assess progress of the
State or local unit of government toward a 50 percent reduction
in the rape kit backlog over a 2-year period; and
``(9) specify the portion of the amounts made available
under the grant under this section that the State or unit of
local government shall use for the purpose of DNA analyses of
samples from untested rape kits.'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) the amount of funds from a grant under this section
expended for the purposes of DNA analyses for untested rape
kits; and''; and
(4) by striking subsection (i) and inserting the following:
``(i) Definitions.--In this section:
``(1) Rape kit.--The term `rape kit' means DNA evidence
relating to--
``(A) sexual assault (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a))); or
``(B) conduct described in section 2251, 2251A, or
2252 of chapter 110 of title 18, United States Code,
regardless of whether the conduct affects interstate
commerce.
``(2) Rape kit backlog.--The term `rape kit backlog' means
untested rape kits that are in the possession or control of--
``(A) a law enforcement agency; or
``(B) a public or private crime laboratory.
``(3) 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.
``(4) Untested rape kit.--The term `untested rape kit'
means a rape kit collected from a victim that--
``(A) has not undergone forensic analysis; and
``(B) for a combined total of not less than 60
days, has been in the possession or control of--
``(i) a law enforcement agency; or
``(ii) a public or private crime
laboratory.''.
(c) Adjusting Byrne Grant Funds for Compliance and Noncompliance;
Statistical Review.--Section 505 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by
adding at the end the following:
``(i) Adjusting Byrne Grant Funds for Compliance and
Noncompliance.--
``(1) Definition.--In this subsection the term `date for
implementation' means the last day of the second fiscal year
beginning after the date of enactment of this subsection.
``(2) Additional funds for compliance.--
``(A) Reduction of rape kit backlog.--
``(i) 50 percent reduction.--For any fiscal
year beginning after the date of enactment of
this subsection, a State or unit of local
government shall receive an allocation under
this section in an amount equal to 110 percent
of the otherwise applicable allocation to the
State or unit of local government if the State
or unit of local government reduced the rape
kit backlog by not less than 50 percent, as
compared to the date of enactment of this
subsection.
``(ii) 75 percent reduction.--For any
fiscal year beginning after the date of
enactment of this subsection--
``(I) a State or unit of local
government that has received additional
funds under clause (i) in any previous
fiscal year shall receive an allocation
under this section in an amount equal
to 110 percent of the otherwise
applicable allocation to the State or
unit of local government if the State
or unit of local government reduced the
rape kit backlog by not less than 75
percent, as compared to the date of
enactment of this subsection; and
``(II) a State or unit of local
government that has not received
additional funds under clause (i) in
any previous fiscal year shall receive
an allocation under this section in an
amount equal to 120 percent of the
otherwise applicable allocation to the
State or unit of local government if
the State or unit of local government
reduced the rape kit backlog by not
less than 75 percent, as compared to
the date of enactment of this
subsection.
``(iii) 95 percent reduction.--For any
fiscal year beginning after the date of
enactment of this subsection--
``(I) a State or unit of local
government that has received additional
funds under clause (ii) in any previous
fiscal year shall receive an allocation
under this section in an amount equal
to 110 percent of the otherwise
applicable allocation to the State or
unit of local government if the State
or unit of local government reduced the
rape kit backlog by not less than 95
percent, as compared to the date of
enactment of this subsection;
``(II) a State or unit of local
government that has received additional
funds under clause (i) in any previous
fiscal year, and has not received
additional funds under clause (ii) in
any previous fiscal year, shall receive
an allocation under this section in an
amount equal to 120 percent of the
otherwise applicable allocation to the
State or unit of local government if
the State or unit of local government
reduced the rape kit backlog by not
less than 95 percent, as compared to
the date of enactment of this
subsection; and
``(III) a State or unit of local
government that has not received
additional funds under clause (i) or
(ii) in any previous fiscal year shall
receive an allocation under this
section in an amount equal to 130
percent of the otherwise applicable
allocation to the State or unit of
local government if the State or unit
of local government reduced the rape
kit backlog by not less than 95
percent, as compared to the date of
enactment of this subsection.
``(B) Timely processing.--For the first fiscal year
beginning after the date of enactment of this
subsection, and each fiscal year thereafter, a State or
unit of local government that, during the previous
fiscal year, tested 95 percent of all rape kits
collected from a victim during that previous fiscal
year not later than 60 days after the date the rape kit
was taken into the possession or control of a law
enforcement agency of the State or unit of local
government shall receive an allocation under this
section in an amount equal to 105 percent of the
otherwise applicable allocation to the State or unit of
local government.
``(3) Withholding of grant funds for noncompliance.--
``(A) Failure to reduce rape kit backlog.--
``(i) Year 1.--For the first fiscal year
after the date for implementation, a State or
unit of local government shall receive an
allocation under this section in an amount
equal to 90 percent of the otherwise applicable
allocation to the State or unit of local
government if the State or unit of local
government--
``(I) has a rape kit backlog;
``(II) received a grant under this
subpart during each of the 2 previous
fiscal years; and
``(III) has failed to reduce the
rape kit backlog by not less than 50
percent, as compared to the date of
enactment of this subsection.
``(ii) Year 3.--For the third fiscal year
beginning after the date for implementation, a
State or unit of local government shall receive
an allocation under this section in an amount
equal to 90 percent of the otherwise applicable
allocation to the State or unit of local
government if the State or unit of local
government--
``(I) has a rape kit backlog;
``(II) received a grant under this
subpart during the previous fiscal
year; and
``(III) has failed to reduce the
rape kit backlog by not less than 75
percent, as compared to the date of
enactment of this subsection.
``(iii) Years 5, 7, and 9.--For each of the
fifth, seventh, and ninth fiscal years
beginning after the date for implementation, a
State or unit of local government shall receive
an allocation under this section in an amount
equal to 90 percent of the otherwise applicable
allocation to the State or unit of local
government if the State or unit of local
government--
``(I) has a rape kit backlog;
``(II) received a grant under this
subpart during the previous fiscal
year; and
``(III) has failed to reduce the
rape kit backlog by not less than 95
percent, as compared to the date of
enactment of this subsection.
``(B) Timely processing.--For the second fiscal
year beginning after the date for implementation, and
each fiscal year thereafter, a State or unit of local
government that, during the previous fiscal year,
tested less than 95 percent of the rape kits collected
from a victim during that previous fiscal year not
later than 90 days after the date the rape kit was
taken into the possession or control of a law
enforcement agency of the State or unit of local
government shall receive an allocation under this
section in an amount equal to 95 percent of the
otherwise applicable allocation to the State or unit of
local government.
``(j) Annual Statistical Review and Report.--
``(1) In general.--The Director of the National Institute
of Justice of the Department of Justice (in this subsection
referred to as the `Director') shall conduct an annual
comprehensive statistical review of the number of untested rape
kits collected by Federal, State, local, and tribal law
enforcement agencies.
``(2) Report of data to director.--Each law enforcement
agency of the Federal Government or of a State or unit of local
government receiving a grant under this subpart (in this
subsection referred to as a `covered law enforcement agency')
shall record and report to the Director the number of untested
rape kits administered by or on behalf of, or in the possession
or control of, the covered law enforcement agency at the end of
each fiscal year.
``(3) Report to congress and the states.--
``(A) Initial report.--Not later than 2 years after
the date of enactment of this subsection, and annually
thereafter, the Director shall submit to Congress and
the States a report regarding the number of untested
rape kits administered by or on behalf of, or in the
possession of, a covered law enforcement agency.
``(B) Subsequent annual reports.--The Director
shall include, in the second report, under subparagraph
(A), and each subsequent report, the percentage change
in the number of untested rape kits for each covered
law enforcement agency, as compared to the previous
year.
``(4) Penalty.--For fiscal year 2011, and each fiscal year
thereafter, if a State or unit of local government has received
a grant under this subpart, and a covered law enforcement
agency of the State or local government has failed to report
the data required under paragraph (2), the State or unit of
local government shall receive an allocation under this section
in an amount equal to 95 percent of the otherwise applicable
allocation to the State or unit of local government.
``(k) Definitions.--In this section:
``(1) Rape kit.--The term `rape kit' means DNA evidence
relating to--
``(A) sexual assault (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a))); or
``(B) conduct described in section 2251, 2251A, or
2252 of chapter 110 of title 18, United States Code,
regardless of whether the conduct affects interstate
commerce.
``(2) Rape kit backlog.--The term `rape kit backlog' means
untested rape kits that are in the possession or control of--
``(A) a law enforcement agency; or
``(B) a public or private crime laboratory.
``(3) Untested rape kit.--The term `untested rape kit'
means a rape kit collected from a victim that--
``(A) has not undergone forensic analysis; and
``(B) for a combined total not less than 60 days,
has been in the possession or control of--
``(i) a law enforcement agency; or
``(ii) a public or private crime
laboratory.''.
SEC. 5. RAPE KIT BILLING.
(a) Coordination With Regional Health Care Providers.--Section
2010(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-4(a)(1)) is amended by striking ``assault.''
and inserting ``assault and coordinates with regional health care
providers to notify victims of sexual assault of the availability of
rape exams at no cost to the victims.''.
(b) Repeal of Reimbursement Option.--Effective 2 years after the
date of enactment of this Act, section 2010(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
4(b)) is amended--
(1) by striking paragraph (3);
(2) in paragraph (1), by inserting ``or'' after
``victim;''; and
(3) in paragraph (2), by striking ``victims; or'' and
inserting ``victims.''.
(c) Provision of Rape Kits Regardless of Cooperation With Law
Enforcement.--Section 2010(d) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4(d)) is amended by
striking ``(d) Rule of Construction'' and all that follows through the
end of paragraph (1) and inserting the following:
``(d) Noncooperation.--
``(1) In general.--A State, Indian tribal government, or
unit of local government shall not be in compliance with this
section unless the State, Indian tribal government, or unit of
local government complies with subsection (b) without regard to
whether the victim cooperates with the law enforcement agency
investigating the offense.''.
SEC. 6. SEXUAL ASSAULT NURSE EXAMINER TRAINING.
(a) Definition.--Section 40002(a) of the Violence Against Women Act
of 1994 (42 U.S.C. 13925(a)) is amended--
(1) by redesignating paragraphs (29) through (37) as
paragraphs (30) through (38), respectively; and
(2) inserting after paragraph (28) the following:
``(29) Trained examiner.--The term `trained examiner' means
a health care professional who has received specialized
training specific to sexual assault victims, including training
regarding gathering forensic evidence and medical needs.''.
(b) Additional Personnel.--Section 2101(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796hh(b)) is amended by adding at the end the following:
``(14) To provide for sexual assault forensic medical
personnel examiners to collect and preserve evidence, provide
expert testimony, and provide treatment of trauma relating to
sexual assault.''.
SEC. 7. SEXUAL ASSAULT NURSE AVAILABILITY AT INDIAN HEALTH SERVICES
STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the availability of sexual assault nurse examiners
and trained examiners (as defined in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)), as amended by this
Act), at all Indian Health Service facilities operated pursuant to
contracts under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.).
(b) Report and Recommendations.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on the Judiciary and to the
Committee on Indian Affairs of the Senate and to the Committee on the
Judiciary and the Committee on Natural Resources of the House of
Representatives a report containing the findings of the study conducted
under subsection (a), and recommendations for improving the
availability of sexual assault nurse examiners and trained examiners
(as defined in section 40002(a) of the Violence Against Women Act of
1994 (42 U.S.C. 13925(a)), as amended by this Act).
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