[Congressional Record Volume 149, Number 5 (Monday, January 13, 2003)]
[Senate]
[Pages S234-S236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself and Mr. Crapo):
  S. 149. A bill to improve investigation and prosecution of sexual 
assault cases with DNA evidence, and for other purposes; to the 
Committee on the Judiciary.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 149

       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 ``Rape Kits and DNA Evidence 
     Backlog Elimination Act of 2003''.

     SEC. 2. REAUTHORIZATION OF DNA ANALYSIS BACKLOG ELIMINATION 
                   ACT OF 2000.

       Section 2(j) of the DNA Analysis Backlog Elimination Act of 
     2000 (42 U.S.C. 14135(j)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``and'';
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) $25,000,000 for fiscal year 2004;
       ``(E) $25,000,000 for fiscal year 2005;
       ``(F) $25,000,000 for fiscal year 2006; and
       ``(G) $25,000,000 for fiscal year 2007.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (C), by striking ``and''; and
       (B) by striking subparagraph (D), and inserting the 
     following:
       ``(D) $75,000,000 for fiscal year 2004;
       ``(E) $75,000,000 for fiscal year 2005;
       ``(F) $25,000,000 for fiscal year 2006; and
       ``(G) $25,000,000 for fiscal year 2007.''.

     SEC. 3. EXPANSION OF COMBINED DNA INDEX SYSTEM.

       (a) Inclusion of all DNA Samples From States.--Section 
     210304 of the DNA Identification Act of 1994 (42 U.S.C. 
     14132) is amended--
       (1) in subsection (a)(1), by striking ``of persons 
     convicted of crimes;'' and inserting the following: ``of--
       ``(A) persons convicted of crimes; and
       ``(B) other persons, as authorized under the laws of the 
     jurisdiction that generates the records;''; and
       (2) by striking subsection (d).
       (b) Felons Convicted of Federal Crimes.--
       Section 3(d) of the DNA Analysis Backlog Elimination Act of 
     2000 (42 U.S.C. 14135a(d)) is amended to read as follows:
       ``(d) Qualifying Federal Offenses.--The offenses that shall 
     be treated for purposes of this section as qualifying Federal 
     offenses are the following offenses, as determined by the 
     Attorney General:
       ``(1) Any felony.
       ``(2) Any offense under chapter 109A of title 18, United 
     States Code.
       ``(3) Any crime of violence (as that term is defined in 
     section 16 of title 18, United States Code).
       ``(4) Any attempt or conspiracy to commit any of the 
     offenses under paragraphs (1) through (3).''.
       (c) Uniform Code of Military Justice.--Section 1565 of 
     title 10, United States Code, is amended--
       (1) by amending subsection (d) to read as follows:
       ``(d) Qualifying Military Offenses.--The offenses that 
     shall be treated for purposes of this section as qualifying 
     military offenses are the following offenses, as determined 
     by the Secretary of Defense, in consultation with the 
     Attorney General:
       ``(1) Any offense under the Uniform Code of Military 
     Justice for which the authorized

[[Page S235]]

     penalties include confinement for more than 1 year.
       ``(2) Any other offense under the Uniform Code of Military 
     Justice that is comparable to a qualifying Federal offense 
     (as determined under section 3(d) of the DNA Analysis Backlog 
     Elimination Act of 2000).'';
       (2) by striking subsection (e); and
       (3) by redesignating subsection (f) as subsection (e).
       (d) Technical Amendments.--Section 811(a)(2) of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (28 
     U.S.C. 531 note) is amended--
       (1) in subparagraph (A), by striking ``[42 U.S.C.A. 
     14132a(d)]'' and inserting ``(42 U.S.C. 14135a(d))''; and
       (2) in subparagraph (B), by striking ``[42 U.S.C.A. 
     Sec. 14132b(d)]'' and inserting ``(42 U.S.C. 14135b(d))''.

     SEC. 4. FORENSIC LABORATORY GRANTS.

       (a) Grants Authorized.--The Attorney General is authorized 
     to award grants to not more than 15 State or local forensic 
     laboratories to implement innovative plans to encourage law 
     enforcement, judicial, and corrections personnel to increase 
     the submission of rape evidence kits and other biological 
     evidence from crime scenes.
       (b) Application.--Not later than December 31, 2004, each 
     laboratory desiring a grant under this section shall submit 
     an application containing a proposed plan to encourage law 
     enforcement officials in localities with a DNA backlog to 
     increase the submission of rape evidence kits and other 
     biological evidence from crime scenes.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated $30,000,000 for each of the fiscal years 
     2004 through 2006 to carry out the provisions of this 
     section.

     SEC. 5. ELIGIBILITY OF LOCAL GOVERNMENTS OR INDIAN TRIBES TO 
                   APPLY FOR AND RECEIVE DNA BACKLOG ELIMINATION 
                   GRANTS.

       Section 2 of the DNA Analysis Backlog Elimination Act of 
     2000 (42 U.S.C. 14135) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by inserting ``, units of local government, or Indian 
     tribes'' after ``eligible States''; and
       (ii) by inserting ``, unit of local government, or Indian 
     tribe'' after ``State''; and
       (B) in paragraph (3), by striking ``or by units of local 
     government'' and inserting ``, units of local government, or 
     Indian tribes``;
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     unit of local government, or Indian tribe'' after ``State'' 
     each place that term appears;
       (B) in paragraph (1), by inserting ``, unit of local 
     government, or Indian tribe`` after ``State'';
       (C) in paragraph (3), by inserting ``, unit of local 
     government, or Indian tribe'' after ``State'' the first time 
     that term appears;
       (D) in paragraph (4), by inserting ``, unit of local 
     government, or Indian tribe'' after ``State''; and
       (E) in paragraph (5), by inserting ``, unit of local 
     government, or Indian tribe'' after ``State'';
       (3) in subsection (c), by inserting ``, unit of local 
     government, or Indian tribe'' after ``State'';
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``or a unit of local 
     government'' and inserting ``, a unit of local government, or 
     an Indian tribe''; and
       (ii) in subparagraph (B), by striking ``or a unit of local 
     government'' and inserting ``, a unit of local government, or 
     an Indian tribe''; and
       (B) in paragraph (2)(A), by inserting ``, units of local 
     government, and Indian tribes,'' after ``States'';
       (5) in subsection (e)--
       (A) in paragraph (1), by inserting ``or local government'' 
     after ``State'' each place that term appears; and
       (B) in paragraph (2), by inserting ``, unit of local 
     government, or Indian tribe'' after ``State'';
       (6) in subsection (f), in the matter preceding paragraph 
     (1), by inserting ``, unit of local government, or Indian 
     tribe'' after ``State'';
       (7) in subsection (g)--
       (A) in paragraph (1), by inserting ``, unit of local 
     government, or Indian tribe'' after ``State''; and
       (B) in paragraph (2), by inserting ``, units of local 
     government, or Indian tribes'' after ``States''; and
       (8) in subsection (h), by inserting ``, unit of local 
     government, or Indian tribe'' after ``State'' each place that 
     term appears.

     SEC. 6. SAFE PROGRAM.

       (a) Establishment of Grant Program.--The Attorney General 
     shall establish a program to award and disburse annual grants 
     to SAFE programs.
       (b) Compliance With National Protocol.--To receive a grant 
     under this section, a proposed or existing SAFE program shall 
     be in compliance with the standards and recommended national 
     protocol developed by the Attorney General pursuant to 
     section 1405 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (42 U.S.C. 3796gg note).
       (c) Application.--
       (1) In general.--Each proposed or existing SAFE program 
     that desires a grant under this section shall submit an 
     application to the Attorney General at such time, and in such 
     manner, as the Attorney General shall reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall include information regarding--
       (A) the size of the population or estimated population to 
     be served by the proposed or existing SAFE program; and
       (B) if the SAFE program exists at the time the applicant 
     submits its application, the effectiveness of that SAFE 
     program.
       (d) Priority Given to Programs in Underserved Areas.--In 
     awarding grants under this section, the Attorney General 
     shall give priority to proposed or existing SAFE programs 
     that are serving, or will serve, populations currently 
     underserved by existing SAFE programs.
       (e) Nonexclusivity.--Nothing in this Act shall be construed 
     to limit or restrict the ability of proposed or existing SAFE 
     programs to apply for and obtain Federal funding from any 
     other agency or department, or under any other Federal grant 
     program.
       (f) Audits.--The Attorney General shall audit recipients of 
     grants awarded and disbursed under this section to ensure--
       (1) compliance with the standards and recommended national 
     protocol developed by the Attorney General pursuant to 
     section 1405 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (42 U.S.C. 3796gg note);
       (2) compliance with other applicable Federal laws; and
       (3) overall program effectiveness.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Justice $10,000,000 
     for each of fiscal years 2004 through 2008 for grants under 
     this section.

     SEC. 7. DNA EVIDENCE TRAINING GRANTS.

       (a) Grants Authorized.--The Attorney General is authorized 
     to award grants to prosecutor's offices, associations, or 
     organizations to train local prosecutors in the use of DNA 
     evidence in a criminal investigation or a trial.
       (b) Application.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Attorney General at such time, in such manner, and 
     accompanied by such information as the Attorney General may 
     reasonably require.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2004 through 2006 to carry out the provisions of this 
     section.

     SEC. 8. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX 
                   CRIMES.

       (a) Statute of Limitations.--
       (1) In general.--Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3297. Child abduction and sex offenses

       ``Notwithstanding any other provision of law, an indictment 
     may be found or an information instituted at any time without 
     limitation for any offense under section 1201 involving a 
     minor victim, and for any felony under chapter 109A, 110, or 
     117, or section 1591.''.
       (2) Amendment to chapter analysis.--The table of sections 
     at the beginning of such chapter is amended by adding at the 
     end the following new item:

``3297. Child abduction and sex offenses.''.

       (b) Application.--The amendments made by this section shall 
     apply to the prosecution of any offense committed before, on, 
     or after the date of the enactment of this section.

     SEC. 9. TOLLING OF LIMITATION PERIOD FOR PROSECUTION IN CASES 
                   INVOLVING DNA IDENTIFICATION.

       (a) In General.--Chapter 213 of title 18, United States 
     Code, as amended by section 8, is further amended by adding 
     at the end the following:

     ``Sec. 3298. Cases involving DNA evidence

       ``In a case in which DNA testing implicates a person in the 
     commission of a felony, no statute of limitations that would 
     otherwise preclude prosecution of the offense shall preclude 
     such prosecution until a period of time following the DNA 
     testing that implicates the person has elapsed that is equal 
     to the otherwise applicable limitation period.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     213 of title 18, United States Code, is amended by adding at 
     the end the following:

``3298. Cases involving DNA evidence.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to the prosecution of any offense committed 
     before, on, or after the date of the enactment of this 
     section.

     SEC. 10. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

       Section 1201 of the Violence Against Women Act of 2000 (42 
     U.S.C. 3796gg-6) is amended--
       (1) in subsection (a), by inserting ``dating violence,'' 
     after ``domestic violence,'';
       (2) in subsection (b)--
       (A) by inserting before paragraph (1) the following:
       ``(1) Dating violence.--The term `dating violence' means 
     violence committed by a person--
       ``(A) who is or has been in a social relationship of a 
     romantic or intimate nature with the victim; and
       ``(B) where the existence of such a relationship shall be 
     determined based on a consideration of--
       ``(i) the length of the relationship;
       ``(ii) the type of relationship; and

[[Page S236]]

       ``(iii) the frequency of interaction between the persons 
     involved in the relationship.'';
       (B) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (3), and (4) respectively; and
       (C) in paragraph (3), as redesignated by subparagraph (B) 
     of this paragraph, by inserting ``dating violence,'' after 
     ``domestic violence,'';
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting--
       (i) ``, dating violence,'' after ``between domestic 
     violence''; and
       (ii) ``dating violence,'' after ``victims of domestic 
     violence,'';
       (B) in paragraph (2), by inserting ``dating violence,'' 
     after ``domestic violence,''; and
       (C) in paragraph (3), by inserting ``dating violence,'' 
     after ``domestic violence,'';
       (4) in subsection (d)--
       (A) in paragraph (1), by inserting ``, dating violence,'' 
     after ``domestic violence'';
       (B) in paragraph (2), by inserting ``, dating violence,'' 
     after ``domestic violence'';
       (C) in paragraph (3), by inserting ``, dating violence,'' 
     after ``domestic violence''; and
       (D) in paragraph (4), by inserting ``dating violence,'' 
     after ``domestic violence,'';
       (5) in subsection (e), by inserting ``dating violence,'' 
     after ``domestic violence,''; and
       (6) in subsection (f)(2)(A), by inserting ``dating 
     violence,'' after ``domestic violence,''.

     SEC. 11. SENSE OF CONGRESS.

       It is the sense of Congress that the Paul Coverdell 
     National Forensic Science Improvement Act (Public Law 106-
     561) should be funded in order to improve the quality, 
     timeliness, and credibility of forensic science services for 
     criminal justice purposes.
                                 ______