Sec. 3. Report to Attorney General required on sexual assault kit testing
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/bill/118/hr/5721/rh/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 502 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10153 ) is amended— in subsection (a), by adding at the end the following: A report indicating whether— the State or unit of local government has conducted a comprehensive sexual assault kit inventory, commonly known as a ‘backlog inventory’, to identify the physical location, untested or tested status (or full sexual assault kit status, if available), and any individual test kit identification or tracking information of each sexual assault kit in the possession of such State or unit of local government, or that has been otherwise transmitted by a State or unit of local government to a third-party, such as for testing, storing, processing, or handling; with respect to each sexual assault kit that the victim has consented to have collected, the State or unit of local government has submitted each such sexual assault kit to a laboratory for DNA analysis; results of any such DNA analysis were uploaded to the Combined DNA Index System; the State or unit of local government has established an electronic tracking system for a victim to identify the physical location of their sexual assault kit and the results of any DNA analysis that was performed; the State or unit of local government has established a victim notification protocol for informing a victim of the status of their sexual assault kit, including where their sexual assault kit was analyzed; the State or unit of local government has in place a comprehensive sexual assault kit inventory system to identify sexual assault kit status, physical location, and any test kit identification or tracking information of each sexual assault kit in the possession of such State or unit of local government, or otherwise transmitted by a State or unit of local government to a third-party, such as for testing, storing, processing, or handling; and the information in any comprehensive sexual assault kit inventory system described in subparagraph
(F)is updated, and how and when it is updated. ; and by adding at the end the following: Between the receipt of a grant application and deciding on such application, the Attorney General shall determine— if the State or unit of local government has completed the conduct described under subsection (a)(7); and if such conduct has not been completed, the reason that it has not been completed. A State or unit or local government shall only be eligible for a grant under this subpart if the Attorney General determines such State or unit of local government has completed the conduct described under subsection (a)(7). A State or unit of local government that has been awarded a grant under this subpart as of the date of the enactment of the Rape Kit Backlog Progress Act of 2023 shall have one calendar year from such date of enactment to complete the conduct described in subsection (a)(7) or such State or unit of local government shall become ineligible for a grant under this subpart. In this section: The term sexual assault kit means evidence gathered by a medical professional from a victim following a sexual assault, which evidence may— include swabs, test tubes, microscopic slides, and evidence collection envelopes, for hairs and fibers; and vary in accordance with the circumstances of the sexual assault and with any applicable rules or procedures of the jurisdiction. The term sexual assault kit status means whether an individual sexual assault kit is— collected and untested; collected and tested; lost or missing, expired or spoiled; or tested and results reported to the victim, proper authorities, and the Combined DNA Index System. .
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Sec. 3
Report to Attorney General required on sexual assault kit testing
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