[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2566 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2566

   To amend title 18, United States Code, to provide sexual assault 
         survivors with certain rights, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2016

 Mrs. Shaheen (for herself, Mr. Blumenthal, and Mr. Leahy) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to provide sexual assault 
         survivors with certain rights, 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 Survivors' Rights 
Act''.

SEC. 2. DEFINITION OF SEXUAL ASSAULT SURVIVOR.

    In this Act, the term ``sexual assault survivor'' includes a 
deceased victim of sexual assault.

SEC. 3. SEXUAL ASSAULT SURVIVORS' RIGHTS.

    (a) In General.--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;
                    ``(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, if the Government intends to destroy or 
        dispose of a sexual assault evidence collection kit or its 
        probative contents before the expiration of the maximum 
        applicable statute of limitations, to--
                    ``(A) upon written request, receive written 
                notification from the prosecutor 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 Survivor.--For purposes of this 
section, the term `sexual assault survivor' includes a deceased victim 
of sexual assault.''.
    (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''.

SEC. 4. SERVICES TO SURVIVORS.

    Section 503(c)(1) of the Victims Rights and Restitution Act of 1990 
(42 U.S.C. 10607(c)(1)) is amended--
            (1) in subparagraph (A), by inserting ``, including sexual 
        assault service providers'' before the semicolon at the end;
            (2) in subparagraph (C), by inserting ``, including sexual 
        assault counseling'' before the semicolon at the end; and
            (3) in subparagraph (D), by inserting ``, including 
        national and local sexual assault hotlines'' before the period 
        at the end.

SEC. 5. 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) 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.
    ``(f) Definition of Sexual Assault Survivor.--For purposes of this 
section, the term `sexual assault survivor' includes a deceased victim 
of sexual assault.''.

SEC. 6. WORKING GROUP.

    (a) In General.--The Attorney General and 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 from not less than 3 national 
        organizations and State coalitions with demonstrated expertise 
        in sexual assault prevention, sexual assault advocacy, or 
        representation of sexual assault victims, particularly 
        representatives of underserved or ethnic minority communities.
    (c) Membership.--The Working Group shall be composed of the 
following members:
            (1) The Administrator of the Health Resource and Services 
        Administration.
            (2) The Administrator of the Centers for Medicare and 
        Medicaid Services.
            (3) The Director of the Centers for Disease Control and 
        Prevention.
            (4) The Director of the Indian Health Service.
            (5) The Director of the Office for Victims of Crime.
            (6) The Assistant Attorney General for the Office of 
        Justice Programs.
            (7) The Director of the Office on Violence Against Women.
            (8) Other governmental or nongovernmental agency heads at 
        the discretion of the Attorney General or the Secretary.
    (d) Duties.--The Working Group shall--
            (1) improve 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) develop and implement, where appropriate, clinical 
        guidelines and other incentives to encourage 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) improve 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 appropriate, 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) Initial Operating Plan.--Not later than 120 days after its 
first meeting, the Working Group shall submit to the Attorney General, 
the Secretary, and Congress an operating plan for carrying out the 
activities of the Working Group.
    (f) Meetings.--The Working Group shall--
            (1) hold its first meeting not later than 90 days after the 
        date of enactment of this Act; and
            (2) meet not fewer than 2 times and not more than 5 times 
        each year.
    (g) 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.

SEC. 7. SENSE OF CONGRESS.

    (a) Finding.--Congress finds that there is a substantial Federal 
interest in encouraging more sexual assault survivors to come forward 
and cooperate with law enforcement investigations and prosecutions.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) to further the Federal interest described in subsection 
        (a), the Attorney General should encourage State and Federal 
        prosecutors to refrain from prosecuting sexual assault 
        survivors for minor offenses such as underage alcohol 
        consumption, solicitation, or drug use, particularly if the 
        evidence of such an offense is uncovered through a medical 
        forensic examination; and
            (2) in order to create an environment in which sexual 
        assault survivors feel more comfortable reporting crimes of 
        sexual violence to law enforcement agencies, survivors should 
        be informed, when appropriate, that they will not be prosecuted 
        for minor crimes discovered through their participation in 
        medical forensic examinations.
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