[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3736 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3736

 To amend Rule 611 of the Federal Rules of Evidence to prohibit cross-
     examination by the accused of minor victims of sexual assault.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2018

   Mr. Flake introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend Rule 611 of the Federal Rules of Evidence to prohibit cross-
     examination by the accused of minor victims of sexual assault.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CROSS-EXAMINATION OF VICTIMS BY THE ACCUSED.

    (a) In General.--Rule 611 of the Federal Rules of Evidence is 
amended by adding at the end the following:
    ``(d) Cross-Examination by Pro Se Defendants of Minor Victims of 
Sexual Assault.--In a criminal case in which a defendant accused of 
sexual assault of a minor represents himself or herself pro se, upon 
application by the prosecutor, the minor, or the minor's 
representative, cross-examination of the minor--
            ``(1) shall not be conducted by the defendant unless the 
        court finds that it is necessitated by exceptional 
        circumstances to protect the constitutional rights of the 
        defendant; and
            ``(2) shall instead be conducted by an attorney for the 
        defendant under the supervision of the court.
    ``(e) Definitions.--In this rule--
            ``(1) the term `minor' means an individual under the age of 
        18;
            ``(2) the term `sexual assault of a minor' means a crime 
        under Federal law involving--
                    ``(A) any conduct--
                            ``(i) prohibited under section 1591 or 
                        chapter 109A, 110, or 117 of title 18, United 
                        States Code; or
                            ``(ii) described in paragraphs (2) through 
                        (5) of Rule 413(d); and
                    ``(B) a victim who is a minor; and
            ``(3) the term `victim' means a person directly and 
        proximately harmed as a result of the commission of an 
        offense.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply--
            (1) to any proceeding commenced on or after the date of 
        enactment of this Act; and
            (2) insofar as is just and practicable, to any proceeding 
        pending on such date of enactment.
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