Sec. 1002. Debbie Smith grants for auditing sexual assault evidence backlogs
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Section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— in subsection (a), by adding at the end the following new paragraph: 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. To ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes, including sexual assault and other violent crimes against persons, is carried out in an appropriate and timely manner and in accordance with the protocols and practices developed under subsection (o)(1). ; in subsection (c), by adding at the end the following new paragraph: For each of fiscal years 2014 through 2017, not less than 5 percent, but not more than 7 percent, of the grant amounts distributed under paragraph
(1)shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(6), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3). ; and by adding at the end the following new subsections: 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— submits a plan for performing the audit of samples described in such subsection; and includes in such plan a good-faith estimate of the number of such samples. A State or unit of local government receiving a grant for the purpose described in subsection (a)(6)— may not enter into any contract or agreement with any non-governmental vendor laboratory to conduct an audit described in subsection (a)(6); and shall— not later than 1 year after receiving the grant, complete the audit referred to in paragraph (1)(A) in accordance with the plan submitted under such paragraph; not later than 60 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 the initiation of an audit under paragraph (1)(A), subject to paragraph (4)(F), include in any required reports under clause (v), the information listed under paragraph (4)(B); for each sample of sexual assault evidence that is identified as awaiting testing as part of the audit referred to in paragraph (1)(A)— assign a unique numeric or alphanumeric identifier to each sample of sexual assault evidence that is in the possession of the State or unit of local government and is awaiting testing; and identify 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 to which the sample relates; provide that— the chief law enforcement officer of the State or unit of local government, respectively, is the individual responsible for the compliance of the State or unit of local government, respectively, with the reporting requirements described in clause (v); or the designee of such officer may fulfill the responsibility described in subclause
(I)so long as such designee is an employee of the State or unit of local government, respectively, and is not an employee of any governmental laboratory or non-governmental vendor laboratory; and comply with all grantee reporting requirements described in paragraph (4). The Attorney General may grant an extension of the deadline under paragraph (2)(B)(i) to a State or unit of local government that demonstrates that more time is required for compliance with such paragraph. For not less than 12 months after the completion of an initial count of sexual assault evidence that is awaiting testing during an audit referred to in paragraph (1)(A), a State or unit of local government that receives a grant award under subsection (a)(6) shall, not less than every 60 days, submit a report to the Department of Justice, on a form prescribed by the Attorney General, which shall contain the information required under subparagraph (B). A report under this paragraph shall contain the following information: The name of the State or unit of local government filing the report. The period of dates covered by the report. The cumulative total number of samples of sexual assault evidence that, at the end of the reporting period— are in the possession of the State or unit of local government at the reporting period; are awaiting testing; and the State or unit of local government has determined should undergo DNA or other appropriate forensic analyses. The cumulative total number of samples of sexual assault evidence in the possession of the State or unit of local government that, at the end of the reporting period, the State or unit of local government has determined should not undergo DNA or other appropriate forensic analyses, provided that the reporting form shall allow for the State or unit of local government, at its sole discretion, to explain the reasoning for this determination in some or all cases. The cumulative total number of samples of sexual assault evidence in a total under clause
(iii)that have been submitted to a laboratory for DNA or other appropriate forensic analyses. The cumulative total number of samples of sexual assault evidence identified by an audit referred to in paragraph (1)(A) or under paragraph (2)(B)(ii) for which DNA or other appropriate forensic analysis has been completed at the end of the reporting period. The total number of samples of sexual assault evidence identified by the State or unit of local government under paragraph (2)(B)(ii), since the previous reporting period. The cumulative total number of samples of sexual assault evidence described under clause
(iii)for which the State or unit of local government will be barred within 12 months by any applicable statute of limitations from prosecuting a perpetrator of the sexual assault to which the sample relates. Not later than 7 days after the submission of a report under this paragraph by a State or unit of local government, the Attorney General shall, subject to subparagraph (D), publish and disseminate a facsimile of the full contents of such report on an appropriate internet website. The Attorney General shall ensure that any information published and disseminated as part of a report under this paragraph, which reports information under this subsection, does not include personally identifiable information or details about a sexual assault that might lead to the identification of the individuals involved. The Attorney General shall— at the discretion of a State or unit of local government required to file a report under subparagraph (A), allow such State or unit of local government, at their sole discretion, to submit such reports on a more frequent basis; and make available to all States and units of local government the reporting form created pursuant to subparagraph (A), whether or not they are required to submit such reports, and allow such States or units of local government, at their sole discretion, to submit such reports for publication. The reporting requirements described in paragraph
(2)shall not apply to a sample of sexual assault evidence that— is not considered criminal evidence (such as a sample collected anonymously from a victim who is unwilling to make a criminal complaint); or relates to a sexual assault for which the prosecution of each perpetrator is barred by a statute of limitations. In this subsection: The term awaiting testing means, with respect to a sample of sexual assault evidence, that— the sample has been collected and is in the possession of a State or unit of local government; DNA and other appropriate forensic analyses have not been performed on such sample; and the sample is related to a criminal case or investigation in which final disposition has not yet been reached. The term final disposition means, with respect to a criminal case or investigation to which a sample of sexual assault evidence relates— the conviction or acquittal of all suspected perpetrators of the crime involved; a determination by the State or unit of local government in possession of the sample that the case is unfounded; or a declaration by the victim of the crime involved that the act constituting the basis of the crime was not committed. 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. Nothing in clause
(i)shall be construed to create or amend any Federal rights or privileges for non-governmental vendor laboratories described in regulations promulgated under section 210303 of the DNA Identification Act of 1994 ( 42 U.S.C. 14131 ). Not later than 18 months after the date of enactment of the SAFER Act of 2013 , the Director, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall develop and publish a description of protocols and practices the Director considers appropriate for the accurate, timely, and effective collection and processing of DNA evidence, including protocols and practices specific to sexual assault cases, which shall address appropriate steps in the investigation of cases that might involve DNA evidence, including— how to determine— which evidence is to be collected by law enforcement personnel and forwarded for testing; the preferred order in which evidence from the same case is to be tested; and what information to take into account when establishing the order in which evidence from different cases is to be tested; the establishment of a reasonable period of time in which evidence is to be forwarded by emergency response providers, law enforcement personnel, and prosecutors to a laboratory for testing; the establishment of reasonable periods of time in which each stage of analytical laboratory testing is to be completed; systems to encourage communication within a State or unit of local government among emergency response providers, law enforcement personnel, prosecutors, courts, defense counsel, crime laboratory personnel, and crime victims regarding the status of crime scene evidence to be tested; and standards for conducting the audit of the backlog for DNA case work in sexual assault cases required under subsection (n). The Director shall make available technical assistance and training to support States and units of local government in adopting and implementing the protocols and practices developed under paragraph
(1)on and after the date on which the protocols and practices are published. In this subsection, the terms awaiting testing and possession have the meanings given those terms in subsection (n). .
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Sec. 1002
Debbie Smith grants for auditing sexual assault evidence backlogs
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