To improve investigation and prosecution of sexual assault cases with DNA evidence and for other purposes.

January 13, 2003

Mr. DEWINE (for himself and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To improve investigation and prosecution of sexual assault cases with DNA evidence 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 `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 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

`(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.

END