[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5578 Enrolled Bill (ENR)]
H.R.5578
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To establish certain rights for sexual assault survivors, 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 ``Survivors' Bill of Rights Act of
2016''.
SEC. 2. SEXUAL ASSAULT SURVIVORS' RIGHTS.
(a) In General.--Part II of title 18, United States Code, is
amended by adding after chapter 237 the following:
``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS
``Sec.
``3772. Sexual assault survivors' rights.
``Sec. 3772. Sexual assault survivors' rights
``(a) Rights of Sexual Assault Survivors.--In addition to those
rights provided in section 3771, a sexual assault survivor has the
following rights:
``(1) The right not to be prevented from, or charged for,
receiving a medical forensic examination.
``(2) The right to--
``(A) subject to paragraph (3), have a sexual assault
evidence collection kit or its probative contents preserved,
without charge, for the duration of the maximum applicable
statute of limitations or 20 years, whichever is shorter;
``(B) be informed of any result of a sexual assault
evidence collection kit, including a DNA profile match,
toxicology report, or other information collected as part of a
medical forensic examination, if such disclosure would not
impede or compromise an ongoing investigation; and
``(C) be informed in writing of policies governing the
collection and preservation of a sexual assault evidence
collection kit.
``(3) The right to--
``(A) upon written request, receive written notification
from the appropriate official with custody not later than 60
days before the date of the intended destruction or disposal;
and
``(B) upon written request, be granted further preservation
of the kit or its probative contents.
``(4) The right to be informed of the rights under this
subsection.
``(b) Applicability.--Subsections (b) through (f) of section 3771
shall apply to sexual assault survivors.
``(c) Definition of Sexual Assault.--In this section, the term
`sexual assault' means any nonconsensual sexual act proscribed by
Federal, tribal, or State law, including when the victim lacks capacity
to consent.
``(d) Funding.--This section, other than paragraphs (2)(A) and
(3)(B) of subsection (a), shall be carried out using funds made
available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(3)(A)(i)). No additional funds are authorized
to be appropriated to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part II of title 18, United States Code, is amended by adding at the
end the following:
``238. Sexual assault survivors' rights..........................3772''.
(c) Amendment to Victims of Crime Act of 1984.--Section
1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(3)(A)(i)) is amended by inserting after ``section 3771'' the
following: ``or section 3772, as it relates to direct services,''.
SEC. 3. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
The Victims of Crime Act of 1984 is amended by adding after section
1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
``(a) In General.--The Attorney General may make grants as provided
in section 1404(c)(1)(A) to States to develop and disseminate to
entities described in subsection (c)(1) of this section written notice
of applicable rights and policies for sexual assault survivors.
``(b) Notification of Rights.--Each recipient of a grant awarded
under subsection (a) shall make its best effort to ensure that each
entity described in subsection (c)(1) provides individuals who identify
as a survivor of a sexual assault, and who consent to receiving such
information, with written notice of applicable rights and policies
regarding--
``(1) the right not to be charged fees for or otherwise
prevented from pursuing a sexual assault evidence collection kit;
``(2) the right to have a sexual assault medical forensic
examination regardless of whether the survivor reports to or
cooperates with law enforcement;
``(3) the availability of a sexual assault advocate;
``(4) the availability of protective orders and policies
related to their enforcement;
``(5) policies regarding the storage, preservation, and
disposal of sexual assault evidence collection kits;
``(6) the process, if any, to request preservation of sexual
assault evidence collection kits or the probative evidence from
such kits; and
``(7) the availability of victim compensation and restitution.
``(c) Dissemination of Written Notice.--Each recipient of a grant
awarded under subsection (a) shall--
``(1) provide the written notice described in subsection (b) to
medical centers, hospitals, forensic examiners, sexual assault
service providers, State and local law enforcement agencies, and
any other State agency or department reasonably likely to serve
sexual assault survivors; and
``(2) make the written notice described in subsection (b)
publicly available on the Internet website of the attorney general
of the State.
``(d) Provision To Promote Compliance.--The Attorney General may
provide such technical assistance and guidance as necessary to help
recipients meet the requirements of this section.
``(e) Integration of Systems.--Any system developed and implemented
under this section may be integrated with an existing case management
system operated by the recipient of the grant if the system meets the
requirements listed in this section.''.
SEC. 4. WORKING GROUP.
(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services (referred to in this section as
the ``Secretary''), shall establish a joint working group (referred to
in this section as the ``Working Group'') to develop, coordinate, and
disseminate best practices regarding the care and treatment of sexual
assault survivors and the preservation of forensic evidence.
(b) Consultation With Stakeholders.--The Working Group shall
consult with--
(1) stakeholders in law enforcement, prosecution, forensic
laboratory, counseling, forensic examiner, medical facility, and
medical provider communities; and
(2) representatives of not less than 3 entities with
demonstrated expertise in sexual assault prevention, sexual assault
advocacy, or representation of sexual assault victims, of which not
less than 1 representative shall be a sexual assault victim.
(c) Membership.--The Working Group shall be composed of
governmental or nongovernmental agency heads at the discretion of the
Attorney General, in consultation with the Secretary.
(d) Duties.--The Working Group shall--
(1) develop recommendations for improving the coordination of
the dissemination and implementation of best practices and
protocols regarding the care and treatment of sexual assault
survivors and the preservation of evidence to hospital
administrators, physicians, forensic examiners, and other medical
associations and leaders in the medical community;
(2) encourage, where appropriate, the adoption and
implementation of best practices and protocols regarding the care
and treatment of sexual assault survivors and the preservation of
evidence among hospital administrators, physicians, forensic
examiners, and other medical associations and leaders in the
medical community;
(3) develop recommendations to promote the coordination of the
dissemination and implementation of best practices regarding the
care and treatment of sexual assault survivors and the preservation
of evidence to State attorneys general, United States attorneys,
heads of State law enforcement agencies, forensic laboratory
directors and managers, and other leaders in the law enforcement
community;
(4) develop and implement, where practicable, incentives to
encourage the adoption or implementation of best practices
regarding the care and treatment of sexual assault survivors and
the preservation of evidence among State attorneys general, United
States attorneys, heads of State law enforcement agencies, forensic
laboratory directors and managers, and other leaders in the law
enforcement community;
(5) collect feedback from stakeholders, practitioners, and
leadership throughout the Federal and State law enforcement, victim
services, forensic science practitioner, and health care
communities to inform development of future best practices or
clinical guidelines regarding the care and treatment of sexual
assault survivors; and
(6) perform other activities, such as activities relating to
development, dissemination, outreach, engagement, or training
associated with advancing victim-centered care for sexual assault
survivors.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Working Group shall submit to the Attorney General, the
Secretary, and Congress a report containing the findings and
recommended actions of the Working Group.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.