Victims of Rape Health Protection Act

Victims of Rape Health Protection Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reduce by ten percent the funds available to a State under the drug control (Byrne) grant program unless such State requires that the defendant be tested for HIV if the nature of the crime would have placed the victim at risk of HIV and the victim requests the test. Requires: (1) the defendant to be tested within 24 hours after the later of the date the information or indictment is presented or the time of the victim's request; (2) the test results to be confidential, with exceptions; and (3) the results to be made available as soon as practicable to the victim and to the defendant (or legal guardian, if the defendant is a minor). Requires: (1) the defendant to undergo any appropriate follow-up tests; (2) those test results to be made immediately available to the victim; and (3) if test results indicate that the defendant has HIV, such fact may be considered in the judicial proceedings conducted for the crime.

Authorizes: (1) a State to restrict the victim's disclosure of the defendant's test results to third parties as a condition of making such results available to the victim; (2) funds reduced for noncompliance to be redistributed to complying States; and (3) grants for programs to test defendants for HIV disease.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1533 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1533

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
           provide additional protections to victims of rape.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

 Mr. Weldon of Florida (for himself, Mr. Sensenbrenner, Mr. Petri, Mr. 
 Royce, Mr. Smith of New Jersey, Mr. Bachus, Mr. Norwood, Mr. Largent, 
Mr. Pitts, Mr. Stearns, and Mr. Souder) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
           provide additional protections to victims of rape.

    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 ``Victims of Rape Health Protection 
Act''.

SEC. 2. BYRNE GRANT REDUCTION FOR NONCOMPLIANCE.

    (a) Grant Reduction for Noncompliance.--Section 506 of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) 
is amended by adding at the end the following:
    ``(g) Sex Offender HIV Testing.--
            ``(1) In general.--The funds available under this subpart 
        for a State shall be reduced by 10 percent and redistributed 
        under paragraph (2) unless the State demonstrates to the 
        satisfaction of the Director that the laws or regulations of 
        the State with respect to a defendant against whom an 
        information or indictment is presented for a crime in which by 
        force or threat of force the perpetrator compels the victim to 
        engage in a sexual act (as defined in subsection (f)(3)(B)), 
        the State requires as follows:
                    ``(A) That the defendant be tested for HIV disease 
                if--
                            ``(i) the nature of the alleged crime is 
                        such that the sexual act would have placed the 
                        victim at risk of becoming infected with HIV; 
                        and
                            ``(ii) the victim requests the test.
                    ``(B) That if the conditions specified in 
                subparagraph (A) are met--
                            ``(i) the defendant undergo the test not 
                        later than--
                                    ``(I) 24 hours after the date on 
                                which the information or indictment is 
                                presented; or
                                    ``(II) 24 hours after the request 
                                of the victim if that request is made 
                                after the date on which the information 
                                or indictment is presented;
                            ``(ii) the results of the test shall be 
                        confidential except as provided in clause (iii) 
                        and except as otherwise provided under State 
                        law; and
                            ``(iii) that as soon as is practicable the 
                        results of the test be made available to--
                                    ``(I) the victim; and
                                    ``(II) the defendant (or if the 
                                defendant is a minor, to the legal 
                                guardian of the defendant).
                Nothing in this subparagraph shall be construed to bar 
                a State from restricting the victim's disclosure of the 
                defendant's test results to third parties as a 
                condition of making such results available to the 
                victim.
                    ``(C) That if the defendant has been tested 
                pursuant to subparagraph (B), the defendant, upon 
                request of the victim, undergo such follow-up tests for 
                HIV as may be medically appropriate, and that as soon 
                as is practicable after each such test the results of 
                the test be made available in accordance with 
                subparagraph (B) (except that this subparagraph applies 
                only to the extent that the individual involved 
                continues to be a defendant in the judicial proceedings 
                involved, or is convicted in the proceedings).
                    ``(D) That, if the results of a test conducted 
                pursuant to subparagraph (B) or (C) indicate that the 
                defendant has HIV disease, such fact may, as relevant, 
                be considered in the judicial proceedings conducted 
                with respect to the alleged crime.
            ``(2) Redistribution.--Any funds available for 
        redistribution shall be redistributed to participating States 
        that comply with the requirements of paragraph (1).
            ``(3) Compliance.--The Attorney General shall issue 
        regulations to ensure compliance with the requirements of 
        paragraph (1).''.
    (b) Conforming Amendment.--Section 506(a) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756(a)) is 
amended by striking ``subsection (f),'' and inserting ``subsections (f) 
and (g),''.
    (c) Funding.--Section 501(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended--
            (1) in paragraph (25), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (26), by striking the period and inserting 
        ``; and''; and
            (3) by inserting at the end the following:
            ``(27) programs to test defendants for HIV disease in 
        accordance with the terms of subsection (g).''.
    (d) Effective Date.--
            (1) Program.--The amendments made by subsections (a) and 
        (b) shall take effect on the first day of the fiscal year 
        succeeding the first fiscal year beginning 2 years after the 
        date of the enactment of this Act.
            (2) Funding.--The amendment made by subsection (c) shall 
        take effect on the date of enactment of this Act.
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