1.This Act may be cited as
the Justice for Survivors of Sexual
Assault Act of 2009
.
2.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.
3.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.
4.
(a)Additional
protocol requirement for receiving Edward Byrne grantsSection
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; definitionsSection 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)In
this section:
(1)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)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)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)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
reviewSection 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)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)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)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)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)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)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)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)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)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)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 DirectorEach 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)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 reportsThe 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)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)In
this section:
(1)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)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)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.
.
5.
(a)Coordination
with regional health care providersSection 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 optionEffective 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 enforcementSection
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)
(1)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.
.
6.Sexual assault
nurse examiner training
(a)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)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)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.
.
7.Sexual assault
nurse availability at Indian Health Services study
(a)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
recommendationsNot 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).