S 254

112th CONGRESS
1st Session

S. 254

To reduce the rape kit backlog and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 1, 2011

Mr. FRANKEN (for himself, Mr. GRASSLEY, Mrs. FEINSTEIN, Mr. BENNET, Mr. BURR, Mr. SANDERS, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To reduce the rape kit backlog 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 `Justice for Survivors of Sexual Assault Act of 2011'.

SEC. 2. RAPE EXAM PAYMENTS.

    Section 2010 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4) is amended--

      (1) in subsection (a)(1)--

        (A) by striking `entity incurs the full' and inserting the following: `entity--

        `(A) incurs the full';

        (B) by striking the period at the end and inserting `; and'; and

        (C) by adding at the end the following:

        `(B) coordinates with regional health care providers to notify victims of sexual assault of the availability of rape exams at no cost to the victims.';

      (2) in subsection (b)--

        (A) in paragraph (1), by adding `or' at the end;

        (B) in paragraph (2), by striking `; or' and inserting a period; and

        (C) by striking paragraph (3); and

      (3) in subsection (d), by striking `(d) Rule of Construction- ' and all that follows through the end of paragraph (1) and inserting the following:

    `(d) Noncooperation-

      `(1) IN GENERAL- To be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with subsection (b) without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement.'.

SEC. 3. ADDITIONAL DEBBIE SMITH GRANT REQUIREMENTS.

    Section 2(f) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(f)) is amended to read as follows:

    `(f) Reports to the Attorney General-

      `(1) IN GENERAL- Each State or unit of local government that receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains--

        `(A) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application;

        `(B) a specific breakdown of the number of sexual assault cases that are in a backlog for DNA case work;

        `(C) the percentage of the amounts received under the grant allocated to reducing the backlog of DNA case work in sexual assault cases; and

        `(D) such other information as the Attorney General may require.

      `(2) PENALTY FOR NONCOMPLIANCE-

        `(A) ANNUAL LIST- The Attorney General shall on an annual basis--

          `(i) compile a list of the States and units of local government receiving a grant under this section that have failed to provide the information required under paragraph (1); and

          `(ii) publish each list compiled under clause (i) on the Web site of the Department of Justice.

        `(B) PENALTY- If the Attorney General determines that a State or unit of local government has failed to provide the information required under paragraph (1), the Attorney General may not award a grant to the State or unit of local government under this section for the fiscal year beginning after the fiscal year in which the determination was made in an amount that is more than 50 percent of the amount the State or unit of local government would have otherwise received under this section.'.

END