[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3250 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3250

 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 SENATE OF THE UNITED STATES

                              May 24, 2012

   Mr. Cornyn (for himself, Mr. Bennet, Mr. Kirk, Ms. Klobuchar, Mr. 
Franken, and Ms. Collins) introduced the following bill; which was read 
          twice and 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 2012'' or the ``SAFER Act of 2012''.

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 2013 through 2017, not less than 7 percent of the 
        grant amounts distributed under paragraph (1) shall, if 
        sufficient applications are received by the Department of 
        Justice, be awarded for the purpose described in subsection 
        (a)(6), provided that none of the funds required to be 
        distributed under this paragraph shall decrease or otherwise 
        limit the availability of funds required to be awarded to 
        States or units of local government under paragraph (3).''; 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)--
                    ``(A) may not enter into any contract or agreement 
                with any non-governmental vendor laboratory to conduct 
                an audit described in subsection (a)(6); and
                    ``(B) shall--
                            ``(i) 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 
                                subsection (o) the information listed 
                                in subsection (o)(2);
                            ``(ii) not later than 21 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 the Sexual Assault Forensic Evidence 
                        Registry the information listed in subsection 
                        (o)(2) with respect to the sample; and
                            ``(iii) not later than 30 days after a 
                        change in the status referred to in subsection 
                        (o)(2)(A)(v) 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 under paragraph 
        (2)(B)(i) 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.--
                            ``(i) In general.--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.
                            ``(ii) Rule of construction.--Nothing in 
                        clause (i) shall be construed to create or 
                        amend any Federal rights or privileges for non-
                        governmental vendor laboratories described in 
                        regulations promulgated under section 210303 of 
                        the DNA Identification Act of 1994 (42 U.S.C. 
                        14131).''.

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, 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 enactment of the SAFER Act of 
        2012, the Attorney General shall establish a Sexual Assault 
        Forensic Evidence Registry (in this subsection referred to as 
        the `Registry') that--
                    ``(A) is administered by the Department of Justice;
                    ``(B) 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
                    ``(C) 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 in which the sexual 
                        assault occurred.
                            ``(iii) The date on which the sample was 
                        collected.
                            ``(iv) The date on which information 
                        relating to 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, limited to the 
                        following information:
                                    ``(I) The identity of the entity in 
                                possession of the sample of untested 
                                sexual assault evidence.
                                    ``(II) The identification of the 
                                sample of untested sexual assault 
                                evidence by the State or unit of local 
                                government.
                                    ``(III) The submission of the 
                                sample of untested sexual assault 
                                evidence to a laboratory for analysis, 
                                or the decision of the State or unit of 
                                local government to indefinitely 
                                refrain from submitting the sample.
                                    ``(IV) The completion of the 
                                analysis of the sample of untested 
                                sexual assault evidence, or the 
                                decision of the State or unit of local 
                                government to indefinitely refrain from 
                                analyzing the sample of untested sexual 
                                assault evidence.
                            ``(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.
                    ``(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 for 
                the information listed in subparagraph (A).
            ``(3) Sample identification number.--
                    ``(A) In general.--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.
                    ``(B) Unique identifier required.--In assigning the 
                identifier under subparagraph (A), 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 
        publicly available, on an appropriate Internet website, 
        aggregate non-individualized and non-personally identifying 
        data compiled from information required to be entered into the 
        Registry under paragraph (2)(A), to allow for comparison of 
        backlog data by State and unit of local government.
            ``(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.
            ``(7) Rule of construction.--Nothing in this subsection 
        shall be construed to require that any State or unit of local 
        government participate in the Sexual Assault Forensic Evidence 
        Registry established under this subsection unless the State or 
        unit of local government--
                    ``(A) accepts a grant awarded under subsection (n); 
                or
                    ``(B) the State or unit of local government 
                expressly agrees to participate in the registry in 
                accordance with this conditions enumerated in this 
                subsection.''.
    (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 fiscal years 2013 through 2017, 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. 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 by section 2, 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 the DNA Analysis Backlog 
        Elimination Act of 2000, as added by section 2; and
            (3) summarizes the processing status of the samples of 
        sexual assault evidence about which information has been 
        entered into the Sexual Assault Forensic Evidence Registry 
        established under section 2(o) of the DNA Analysis Backlog 
        Elimination Act of 2000, as added by section 3(a), including 
        the number of samples that have not been tested.

SEC. 5. REDUCING THE RAPE KIT BACKLOG.

    Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(c)(3)) is amended--
            (1) in subparagraph (B), by striking ``2014'' and inserting 
        ``2017''; and
            (2) by adding at the end the following:
                    ``(C) For each of fiscal years 2013 through 2017, 
                not less than 75 percent of the total grant amounts 
                shall be awarded for a combination of purposes under 
                paragraphs (2) and (3) of subsection (a).''.
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