HR 1523 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1523CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

April 13, 2011CommentsClose CommentsPermalink

Mrs. MALONEY (for herself, Mr. POE of Texas, Mr. MORAN, Mr. COSTA, Mr. GRIJALVA, Ms. RICHARDSON, Ms. MOORE, Mr. BARTLETT, Mr. DEUTCH, Mr. ADERHOLT, Mr. ROONEY, Ms. WASSERMAN SCHULTZ, Mr. FITZPATRICK, Mrs. CAPPS, Mr. LATHAM, and Mrs. EMERSON) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Sexual Assault Forensic Evidence Registry Act of 2011’ or the ‘SAFER Act of 2011’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in subsection (a), by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(2) in subsection (c), by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) ALLOCATION OF GRANT AWARDS FOR AUDITS- For each of fiscal years 2012 through 2016, not less than 7 percent of the grant amounts distributed under paragraph (1) shall be awarded for purposes described in subsection (a)(6).’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) submits a plan for performing the audit of samples described in such subsection; andCommentsClose CommentsPermalink





‘(B) includes in such plan a good-faith estimate of the number of such samples.CommentsClose CommentsPermalink





‘(2) GRANT CONDITIONS- A State or unit of local government receiving a grant for the purpose described in subsection (a)(6) shall--CommentsClose CommentsPermalink





‘(A) not later than 1 year after receiving such grant--CommentsClose CommentsPermalink





‘(i) complete the audit referred to in paragraph (1)(A) in accordance with the plan submitted under such paragraph; andCommentsClose CommentsPermalink





‘(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 section 3 of the SAFER Act of 2011 the information listed in subsection (b)(1) of such section;CommentsClose CommentsPermalink





‘(B) not later than 14 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 such Registry the information listed in such subsection with respect to the sample; andCommentsClose CommentsPermalink





‘(C) not later than 30 days after a change in the status referred to in subparagraph (E) of such subsection of a sample with respect to which the State or unit of local government has entered information into such Registry, update such status.CommentsClose CommentsPermalink





‘(3) EXTENSION OF INITIAL DEADLINE- The Attorney General may grant an extension of the deadline in paragraph (2)(A) to a State or unit of local government that demonstrates that more time is required for compliance with such paragraph.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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); orCommentsClose CommentsPermalink





‘(B) the sample relates to a sexual assault for which the prosecution of each perpetrator is barred by a statute of limitations.CommentsClose CommentsPermalink





‘(5) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





‘(A) AWAITING TESTING- The term ‘awaiting testing’ means, with respect to a sample of sexual assault evidence, that--CommentsClose CommentsPermalink





‘(i) the sample has been collected and is in the possession of a State or unit of local government;CommentsClose CommentsPermalink





‘(ii) DNA and other appropriate forensic analyses have not been performed on such sample; andCommentsClose CommentsPermalink





‘(iii) the sample is related to a criminal case or investigation in which final disposition has not yet been reached.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) the conviction or acquittal of all suspected perpetrators of the crime involved;CommentsClose CommentsPermalink





‘(ii) a determination by the State or unit of local government in possession of the sample that the case is unfounded; orCommentsClose CommentsPermalink





‘(iii) a declaration by the victim of the crime involved that the act constituting the basis of the crime was not committed.CommentsClose CommentsPermalink





‘(C) POSSESSION- 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.’.CommentsClose CommentsPermalink

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 of this Act, is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(o) Sexual Assault Forensic Evidence Registry-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to subsection (j), not later than 1 year after the date of the enactment of this Act, the Attorney General shall establish a Sexual Assault Forensic Evidence Registry (in this section referred to as the ‘Registry’) that--CommentsClose CommentsPermalink





‘(A) 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; andCommentsClose CommentsPermalink





‘(B) tracks the testing and processing of such samples.CommentsClose CommentsPermalink





‘(2) INFORMATION IN REGISTRY-CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(i) The date of the sexual assault to which the sample relates.CommentsClose CommentsPermalink





‘(ii) The city, county, or other appropriate locality where the sexual assault occurred.CommentsClose CommentsPermalink





‘(iii) The date on which the sample was collected.CommentsClose CommentsPermalink





‘(iv) The date on which information about the sample was entered into the Registry.CommentsClose CommentsPermalink





‘(v) The status of the progression of the sample through testing and other stages of the evidentiary handling process, including the identity of the entity in possession of the sample.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(vii) Such other information as the Attorney General considers appropriate.CommentsClose CommentsPermalink





‘(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 the information listed in subparagraph (A).CommentsClose CommentsPermalink





‘(3) SAMPLE IDENTIFICATION NUMBER- 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. In assigning the identifier, 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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(5) INTERNET ACCESS- The Attorney General shall make the Registry accessible to the public on an appropriate Internet website.CommentsClose CommentsPermalink





‘(6) TECHNICAL ASSISTANCE- The Attorney General shall--CommentsClose CommentsPermalink





‘(A) provide a means by which an entity that does not have access to the Internet may enter information into the Registry; andCommentsClose CommentsPermalink





‘(B) provide the technical assistance necessary to allow States and units of local government to participate in the Registry.’.CommentsClose CommentsPermalink





(b) Funding- Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘and for carrying out subsection (o)’ after ‘for grants under subsection (a)’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new sentence: ‘For each of the fiscal years 2012 through 2016, 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).’CommentsClose CommentsPermalink

SEC. 4. REPORT ON BEST PRACTICES FOR TESTING AND USE OF DNA EVIDENCE.

(a) In General- Not later than 2 years after the date of the enactment of this Act, the Attorney General shall develop and disseminate to law enforcement agencies and other appropriate entities a report on best practices for the testing and use of DNA evidence collected as part of the criminal investigation of sexual assault cases. In developing the best practices, the Attorney General shall take into account that sexual assault perpetrators are often habitual offenders, may commit many acts of sexual violence against both strangers and victims known to them, and may commit other violent crimes and crimes against property.CommentsClose CommentsPermalink





(b) Content- The best practices developed under subsection (a) shall--CommentsClose CommentsPermalink





(1) establish the appropriate prioritization of testing of samples of sexual assault evidence, including samples related to--CommentsClose CommentsPermalink





(A) cases in which a suspect has been identified and cases in which a suspect has not been identified; andCommentsClose CommentsPermalink





(B) cases in which the assault was committed by a stranger and cases in which the assault was committed by someone known to the victim;CommentsClose CommentsPermalink





(2) describe the protocols for appropriately handling and storing samples of sexual assault evidence;CommentsClose CommentsPermalink





(3) describe the evidentiary value of and make recommendations pertaining to testing all samples of sexual assault evidence, including samples related to--CommentsClose CommentsPermalink





(A) cases in which a suspect has been identified and cases in which a suspect has not been identified;CommentsClose CommentsPermalink





(B) cases in which the assault was committed by a stranger and cases in which the assault was committed by someone known to the victim;CommentsClose CommentsPermalink





(C) cases in which prosecution of a perpetrator is barred by an applicable statute of limitations; andCommentsClose CommentsPermalink





(D) cases in which forensic evidence has been collected from a victim who, pursuant to section 2010(d)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4(d)(1)), chooses not to participate in the criminal justice system or cooperate with law enforcement; andCommentsClose CommentsPermalink





(4) make recommendations with respect to notifying a victim that the sample of sexual assault evidence of the victim has been tested, including victims in cases--CommentsClose CommentsPermalink





(A) that are actively being investigated (including cases being actively investigated after a period of dormancy); andCommentsClose CommentsPermalink





(B) in which prosecution of a perpetrator is barred by an applicable statute of limitations.CommentsClose CommentsPermalink





(c) Sense of Congress- It is the sense of Congress that law enforcement agencies and other appropriate entities should use the best practices developed and disseminated under subsection (a) to develop, evaluate, and improve DNA evidence protocols.CommentsClose CommentsPermalink

SEC. 5. 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 added by section 2(1) of this Act, the Attorney General shall submit to Congress a report that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) states the number of extensions granted by the Attorney General under section 2(n)(3) of such Act, as added by section 2(2) of this Act; andCommentsClose CommentsPermalink





(3) summarizes the processing status of the samples of sexual assault evidence on which information has been entered into the Sexual Assault Forensic Evidence Registry established under section 2(o) of the DNA Analysis Backlog Act of 2000, as added by section 3 of this Act, including the number of samples that have not been tested.CommentsClose CommentsPermalink