1.This Act may be cited as the
Sexual Assault Forensic Evidence
Registry Act of 2011
or the SAFER Act of 2011
.
2.Debbie Smith
grants for auditing sexual assault evidence backlogsSection 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 auditsFor
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)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)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 deadlineThe 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 requirementA
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)In
this subsection:
(A)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)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)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.
.
3.Sexual Assault
Forensic Evidence Registry
(a)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)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)
(A)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 informationThe 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 numberA 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)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)The Attorney General shall make the Registry accessible to
the public on an appropriate Internet website.
(6)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)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).
4.Report on best
practices for testing and use of DNA evidence
(a)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)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)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.
5.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.