[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1523 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1523

 To amend the DNA Analysis Backlog Elimination Act of 2000 to provide 
 for Debbie Smith grants for auditing sexual assault evidence backlogs 
 and to establish a Sexual Assault Forensic Evidence Registry, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2011

Mrs. Maloney (for herself, Mr. Poe of Texas, Mr. Moran, Mr. Costa, Mr. 
  Grijalva, Ms. Richardson, Ms. Moore, Mr. Bartlett, Mr. Deutch, Mr. 
  Aderholt, Mr. Rooney, Ms. Wasserman Schultz, Mr. Fitzpatrick, Mrs. 
  Capps, Mr. Latham, and Mrs. Emerson) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the DNA Analysis Backlog Elimination Act of 2000 to provide 
 for Debbie Smith grants for auditing sexual assault evidence backlogs 
 and to establish a Sexual Assault Forensic Evidence Registry, 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 ``Sexual Assault Forensic Evidence 
Registry Act of 2011'' or the ``SAFER Act of 2011''.

SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE 
              BACKLOGS.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(6) To conduct an audit consistent with subsection (n) of 
        the samples of sexual assault evidence that are in the 
        possession of the State or unit of local government and are 
        awaiting testing.'';
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(4) Allocation of grant awards for audits.--For each of 
        fiscal years 2012 through 2016, not less than 7 percent of the 
        grant amounts distributed under paragraph (1) shall be awarded 
        for purposes described in subsection (a)(6).''; and
            (3) by adding at the end the following new subsection:
    ``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.--
            ``(1) Eligibility.--The Attorney General may award a grant 
        under this section to a State or unit of local government for 
        the purpose described in subsection (a)(6) only if the State or 
        unit of local government--
                    ``(A) submits a plan for performing the audit of 
                samples described in such subsection; and
                    ``(B) includes in such plan a good-faith estimate 
                of the number of such samples.
            ``(2) Grant conditions.--A State or unit of local 
        government receiving a grant for the purpose described in 
        subsection (a)(6) shall--
                    ``(A) not later than 1 year after receiving such 
                grant--
                            ``(i) complete the audit referred to in 
                        paragraph (1)(A) in accordance with the plan 
                        submitted under such paragraph; and
                            ``(ii) for each sample of sexual assault 
                        evidence identified in such audit, subject to 
                        paragraph (4), enter into the Sexual Assault 
                        Forensic Evidence Registry established under 
                        section 3 of the SAFER Act of 2011 the 
                        information listed in subsection (b)(1) of such 
                        section;
                    ``(B) not later than 14 days after receiving 
                possession of a sample of sexual assault evidence that 
                was not in the possession of the State or unit of local 
                government at the time of such audit, subject to 
                paragraph (4), enter into such Registry the information 
                listed in such subsection with respect to the sample; 
                and
                    ``(C) not later than 30 days after a change in the 
                status referred to in subparagraph (E) of such 
                subsection of a sample with respect to which the State 
                or unit of local government has entered information 
                into such Registry, update such status.
            ``(3) Extension of initial deadline.--The Attorney General 
        may grant an extension of the deadline in paragraph (2)(A) to a 
        State or unit of local government that demonstrates that more 
        time is required for compliance with such paragraph.
            ``(4) Samples exempt from registry requirement.--A State or 
        unit of local government is not required under paragraph (2) to 
        enter into the Registry described in such paragraph information 
        with respect to a sample of sexual assault evidence if--
                    ``(A) the sample is not considered criminal 
                evidence (such as a sample collected anonymously from a 
                victim who is unwilling to make a criminal complaint); 
                or
                    ``(B) the sample relates to a sexual assault for 
                which the prosecution of each perpetrator is barred by 
                a statute of limitations.
            ``(5) Definitions.--In this subsection:
                    ``(A) Awaiting testing.--The term `awaiting 
                testing' means, with respect to a sample of sexual 
                assault evidence, that--
                            ``(i) the sample has been collected and is 
                        in the possession of a State or unit of local 
                        government;
                            ``(ii) DNA and other appropriate forensic 
                        analyses have not been performed on such 
                        sample; and
                            ``(iii) the sample is related to a criminal 
                        case or investigation in which final 
                        disposition has not yet been reached.
                    ``(B) Final disposition.--The term `final 
                disposition' means, with respect to a criminal case or 
                investigation to which a sample of sexual assault 
                evidence relates--
                            ``(i) the conviction or acquittal of all 
                        suspected perpetrators of the crime involved;
                            ``(ii) a determination by the State or unit 
                        of local government in possession of the sample 
                        that the case is unfounded; or
                            ``(iii) a declaration by the victim of the 
                        crime involved that the act constituting the 
                        basis of the crime was not committed.
                    ``(C) Possession.--The term `possession', used with 
                respect to possession of a sample of sexual assault 
                evidence by a State or unit of local government, 
                includes possession by an individual who is acting as 
                an agent of the State or unit of local government for 
                the collection of the sample.''.

SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.

    (a) In General.--Section 2 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135), as amended by section 2 of this Act, is 
further amended by adding at the end the following new subsection:
    ``(o) Sexual Assault Forensic Evidence Registry.--
            ``(1) In general.--Subject to subsection (j), not later 
        than 1 year after the date of the enactment of this Act, the 
        Attorney General shall establish a Sexual Assault Forensic 
        Evidence Registry (in this section referred to as the 
        `Registry') that--
                    ``(A) allows States and units of local government 
                to enter information into the Registry about samples of 
                sexual assault evidence that are in the possession of 
                such States or units of local government and are 
                awaiting testing; and
                    ``(B) tracks the testing and processing of such 
                samples.
            ``(2) Information in registry.--
                    ``(A) In general.--A State or unit of local 
                government that chooses to enter information into the 
                Registry about a sample of sexual assault evidence 
                shall include the following information:
                            ``(i) The date of the sexual assault to 
                        which the sample relates.
                            ``(ii) The city, county, or other 
                        appropriate locality where the sexual assault 
                        occurred.
                            ``(iii) The date on which the sample was 
                        collected.
                            ``(iv) The date on which information about 
                        the sample was entered into the Registry.
                            ``(v) The status of the progression of the 
                        sample through testing and other stages of the 
                        evidentiary handling process, including the 
                        identity of the entity in possession of the 
                        sample.
                            ``(vi) The date or dates after which the 
                        State or unit of local government would be 
                        barred by any applicable statutes of 
                        limitations from prosecuting a perpetrator of 
                        the sexual assault for the sexual assault.
                            ``(vii) Such other information as the 
                        Attorney General considers appropriate.
                    ``(B) Personally identifiable information.--The 
                Attorney General shall ensure that the Registry does 
                not include personally identifiable information or 
                details about a sexual assault that might lead to the 
                identification of the individuals involved, except the 
                information listed in subparagraph (A).
            ``(3) Sample identification number.--A State or unit of 
        local government that chooses to enter information about a 
        sample of sexual assault evidence into the Registry shall 
        assign to the sample a unique numeric or alphanumeric 
        identifier. In assigning the identifier, a State or unit of 
        local government may use a case-numbering system used for other 
        purposes, but the Attorney General shall ensure that the 
        identifier assigned to each sample is unique with respect to 
        all samples entered by all States and units of local 
        government.
            ``(4) Update of information.--A State or unit of local 
        government that chooses to enter information about a sample of 
        sexual assault evidence into the Registry shall, not later than 
        30 days after a change in the status of the sample referred to 
        in paragraph (2)(A)(v), update such status.
            ``(5) Internet access.--The Attorney General shall make the 
        Registry accessible to the public on an appropriate Internet 
        website.
            ``(6) Technical assistance.--The Attorney General shall--
                    ``(A) provide a means by which an entity that does 
                not have access to the Internet may enter information 
                into the Registry; and
                    ``(B) provide the technical assistance necessary to 
                allow States and units of local government to 
                participate in the Registry.''.
    (b) Funding.--Section 2(j) of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135(j)) is amended--
            (1) by inserting ``and for carrying out subsection (o)'' 
        after ``for grants under subsection (a)''; and
            (2) by adding at the end the following new sentence: ``For 
        each of the fiscal years 2012 through 2016, not less than 1 
        percent of the amount authorized to be appropriated under the 
        previous sentence for such fiscal year shall be for carrying 
        out subsection (o).''

SEC. 4. REPORT ON BEST PRACTICES FOR TESTING AND USE OF DNA EVIDENCE.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Attorney General shall develop and 
disseminate to law enforcement agencies and other appropriate entities 
a report on best practices for the testing and use of DNA evidence 
collected as part of the criminal investigation of sexual assault 
cases. In developing the best practices, the Attorney General shall 
take into account that sexual assault perpetrators are often habitual 
offenders, may commit many acts of sexual violence against both 
strangers and victims known to them, and may commit other violent 
crimes and crimes against property.
    (b) Content.--The best practices developed under subsection (a) 
shall--
            (1) establish the appropriate prioritization of testing of 
        samples of sexual assault evidence, including samples related 
        to--
                    (A) cases in which a suspect has been identified 
                and cases in which a suspect has not been identified; 
                and
                    (B) cases in which the assault was committed by a 
                stranger and cases in which the assault was committed 
                by someone known to the victim;
            (2) describe the protocols for appropriately handling and 
        storing samples of sexual assault evidence;
            (3) describe the evidentiary value of and make 
        recommendations pertaining to testing all samples of sexual 
        assault evidence, including samples related to--
                    (A) cases in which a suspect has been identified 
                and cases in which a suspect has not been identified;
                    (B) cases in which the assault was committed by a 
                stranger and cases in which the assault was committed 
                by someone known to the victim;
                    (C) cases in which prosecution of a perpetrator is 
                barred by an applicable statute of limitations; and
                    (D) cases in which forensic evidence has been 
                collected from a victim who, pursuant to section 
                2010(d)(1) of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3796gg-4(d)(1)), chooses 
                not to participate in the criminal justice system or 
                cooperate with law enforcement; and
            (4) make recommendations with respect to notifying a victim 
        that the sample of sexual assault evidence of the victim has 
        been tested, including victims in cases--
                    (A) that are actively being investigated (including 
                cases being actively investigated after a period of 
                dormancy); and
                    (B) in which prosecution of a perpetrator is barred 
                by an applicable statute of limitations.
    (c) Sense of Congress.--It is the sense of Congress that law 
enforcement agencies and other appropriate entities should use the best 
practices developed and disseminated under subsection (a) to develop, 
evaluate, and improve DNA evidence protocols.

SEC. 5. REPORTS TO CONGRESS.

    Not later than 90 days after the end of each fiscal year for which 
a grant is made for the purpose described in section 2(a)(6) of the DNA 
Analysis Backlog Elimination Act of 2000, as added by section 2(1) of 
this Act, the Attorney General shall submit to Congress a report that--
            (1) lists the States and units of local government that 
        have been awarded such grants and the amount of the grant 
        received by each such State or unit of local government;
            (2) states the number of extensions granted by the Attorney 
        General under section 2(n)(3) of such Act, as added by section 
        2(2) of this Act; and
            (3) summarizes the processing status of the samples of 
        sexual assault evidence on which information has been entered 
        into the Sexual Assault Forensic Evidence Registry established 
        under section 2(o) of the DNA Analysis Backlog Act of 2000, as 
        added by section 3 of this Act, including the number of samples 
        that have not been tested.
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