Sexual Assault Forensic Evidence Registry Act of 2012 or the SAFER Act of 2012 - Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to make Debbie Smith grants under such Act to states or local governments to conduct audits of samples of sexual assault evidence that are awaiting testing, provided such government submits an audit plan that includes a good-faith estimate of the number of such samples. Requires between 5% and 10% of Debbie Smith grant funds distributed in FY2014-FY2018 to be awarded for such purpose if sufficient applications to justify such amounts are received by the Attorney General, provided such award doesn't decrease funds for other distribution requirements.
Requires the Attorney General to establish a Sexual Assault Forensic Evidence Registry that: (1) allows state and local governments to enter specified information about samples of sexual assault evidence in their possession that are awaiting testing, and (2) tracks the testing and processing of such samples. Requires such a government: (1) to complete a funded audit and enter such information about the sample into the Registry within one year after receiving a grant under this Act; (2) within 21 days after receiving a sample that was not in such government's possession at the time of the initiation of such audit, to enter information about such sample into the Registry; (3) to update the status of a sample within 30 days after any change; (4) to provide that the chief law enforcement officer of such government is the individual responsible for such government's compliance with registry requirements; and (5) to assign each sample a unique numeric or alphanumeric identifier. Exempts from such Registry-requirements samples that are not considered criminal evidence or that relate to a sexual assault for which the prosecution of each perpetrator is barred by a statute of limitations.
Requires the Attorney General to make publicly available on a website aggregate non-individualized and non-personally identifying data compiled from information required to be entered into the Registry, to allow for comparison of backlog data by state and local governments.
Requires, for each fiscal year through FY2018, not less than: (1) 40% of Debbie Smith grant amounts to be awarded to carry out DNA analyses of samples from crime scenes for inclusion in the Combined DNA Index System, and (2) 75% of grant amounts to be awarded for a combination of that purpose and to increase the capacity of state or local government laboratories to carry out DNA analyses.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6628 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6628
To amend the DNA Analysis Backlog Elimination Act of 2000 to provide
for Debbie Smith grants for auditing sexual assault evidence backlogs
and to establish a Sexual Assault Forensic Evidence Registry, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 4, 2012
Mr. Poe of Texas (for himself and Mrs. Maloney) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the DNA Analysis Backlog Elimination Act of 2000 to provide
for Debbie Smith grants for auditing sexual assault evidence backlogs
and to establish a Sexual Assault Forensic Evidence Registry, 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 ``Sexual Assault Forensic Evidence
Registry Act of 2012'' or the ``SAFER Act of 2012''.
SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE
BACKLOGS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) 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.'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Allocation of grant awards for audits.--For each of
fiscal years 2014 through 2018, not less than 5 percent, but
not more than 10 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
(3) by adding at the end the following new subsection:
``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.--
``(1) Eligibility.--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--
``(A) submits a plan for performing the audit of
samples described in such subsection; and
``(B) includes in such plan a good-faith estimate
of the number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(6)--
``(A) may not enter into any contract or agreement
with any non-governmental vendor laboratory to conduct
an audit described in subsection (a)(6); and
``(B) shall--
``(i) not later than 1 year after receiving
such grant--
``(I) complete the audit referred
to in paragraph (1)(A) in accordance
with the plan submitted under such
paragraph; and
``(II) for each sample of sexual
assault evidence identified in such
audit, subject to paragraph (4), enter
into the Sexual Assault Forensic
Evidence Registry established under
subsection (o) the information listed
in subsection (o)(2);
``(ii) not later than 21 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 such audit, subject
to paragraph (4), enter into the Sexual Assault
Forensic Evidence Registry the information
listed in subsection (o)(2) with respect to the
sample;
``(iii) not later than 30 days after a
change in the status referred to in subsection
(o)(2)(A)(v) of a sample with respect to which
the State or unit of local government has
entered information into such Registry, update
such status; and
``(iv) provide that--
``(I) 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 registry requirements under this
subparagraph; or
``(II) the designee of such officer
may fulfill the responsibility
described in subclause (II) 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.
``(3) Extension of initial deadline.--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.
``(4) Samples exempt from registry requirement.--A State or
unit of local government is not required under paragraph (2) to
enter into the Registry described in such paragraph information
with respect to a sample of sexual assault evidence if--
``(A) the sample is not considered criminal
evidence (such as a sample collected anonymously from a
victim who is unwilling to make a criminal complaint);
or
``(B) the sample relates to a sexual assault for
which the prosecution of each perpetrator is barred by
a statute of limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting
testing' means, with respect to a sample of sexual
assault evidence, that--
``(i) the sample has been collected and is
in the possession of a State or unit of local
government;
``(ii) DNA and other appropriate forensic
analyses have not been performed on such
sample; and
``(iii) the sample is related to a criminal
case or investigation in which final
disposition has not yet been reached.
``(B) Final disposition.--The term `final
disposition' means, with respect to a criminal case or
investigation to which a sample of sexual assault
evidence relates--
``(i) the conviction or acquittal of all
suspected perpetrators of the crime involved;
``(ii) a determination by the State or unit
of local government in possession of the sample
that the case is unfounded; or
``(iii) a declaration by the victim of the
crime involved that the act constituting the
basis of the crime was not committed.
``(C) Possession.--
``(i) In general.--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.
``(ii) Rule of construction.--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).''.
SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.
(a) In General.--Section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135), as amended by section 2 of this Act, is
further amended by adding at the end the following new subsection:
``(o) Sexual Assault Forensic Evidence Registry.--
``(1) In general.--Subject to subsection (j), not later
than 1 year after the date of the enactment of this subsection,
the Attorney General shall establish a Sexual Assault Forensic
Evidence Registry (in this section referred to as the
`Registry') that--
``(A) is administered by the Department of Justice;
``(B) allows States and units of local government
to enter information into the Registry about samples of
sexual assault evidence that are in the possession of
such States or units of local government and are
awaiting testing; and
``(C) tracks the testing and processing of such
samples.
``(2) Information in registry.--
``(A) In general.--A State or unit of local
government that chooses to enter information into the
Registry about a sample of sexual assault evidence
shall include the following information:
``(i) The date of the sexual assault to
which the sample relates.
``(ii) The city, county, or other
appropriate locality where the sexual assault
occurred.
``(iii) The date on which the sample was
collected.
``(iv) The date on which information about
the sample was entered into the Registry.
``(v) The status of the progression of the
sample through testing and other stages of the
evidentiary handling process, limited to the
following information:
``(I) The identity of the entity in
possession of the sample of untested
sexual assault evidence by the State or
unit of local government.
``(II) The identification of the
sample of untested sexual assault
evidence by the State or unit of local
government.
``(III) The submission of the
sample of untested sexual assault
evidence to a laboratory for analysis,
or the decision of the State or unit of
local government to indefinitely
refrain from submitting the sample.
``(IV) The completion of the
analysis of the sample of untested
sexual assault evidence, or the
decision of the State or unit of local
government to indefinitely refrain from
analyzing the sample of untested sexual
assault evidence.
``(vi) 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 for the sexual assault.
``(B) Personally identifiable information.--The
Attorney General shall ensure that the Registry does
not include personally identifiable information or
details about a sexual assault that might lead to the
identification of the individuals involved, except the
information listed in subparagraph (A).
``(3) Sample identification number.--
``(A) In general.--A State or unit of local
government that chooses to enter information about a
sample of sexual assault evidence into the Registry
shall assign to the sample a unique numeric or
alphanumeric identifier.
``(B) Unique identifier required.--In assigning the
identifier under subparagraph (A), a State or unit of
local government may use a case-numbering system used
for other purposes, but the Attorney General shall
ensure that the identifier assigned to each sample is
unique with respect to all samples entered by all
States and units of local government.
``(4) Update of information.--A State or unit of local
government that chooses to enter information about a sample of
sexual assault evidence into the Registry shall, not later than
30 days after a change in the status of the sample referred to
in paragraph (2)(A)(v), update such status.
``(5) Internet access.--The Attorney General shall make
publicly available, on an appropriate Internet website,
aggregate non-individualized and non-personally identifying
data compiled from information required to be entered into the
registry under paragraph (2)(A), to allow for comparison of
backlog data by State and unit of local government.
``(6) Technical assistance.--The Attorney General shall--
``(A) provide a means by which an entity that does
not have access to the Internet may enter information
into the Registry; and
``(B) provide the technical assistance necessary to
allow States and units of local government to
participate in the Registry.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to require that any State or unit of local
government participate in the Sexual Assault Forensic Evidence
Registry established under this subsection unless the State or
unit of local government--
``(A) accepts a grant awarded under subsection (n);
or
``(B) the State or unit of local government
expressly agrees to participate in the registry in
accordance with the conditions enumerated in this
subsection.''.
(b) Funding.--Section 2(j) of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135(j)) is amended--
(1) by inserting ``and for carrying out subsection (o)''
after ``for grants under subsection (a)'';
(2) by striking ``2014'' and inserting ``2018''; and
(3) by adding at the end the following new sentence: ``For
each of the fiscal years 2014 through 2018, not less than 1
percent of the amount authorized to be appropriated under the
previous sentence for such fiscal year shall be for carrying
out subsection (o).''.
SEC. 4. REPORTS TO CONGRESS.
Not later than 90 days after the end of each fiscal year for which
a grant is made for the purpose described in section 2(a)(6) of the DNA
Analysis Backlog Elimination Act of 2000, as amended by section 2, the
Attorney General shall submit to Congress a report that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 2; and
(3) summarizes the processing status of the samples of
sexual assault evidence about which information has been
entered into the Sexual Assault Forensic Evidence Registry
established under section 2(o) of the DNA Analysis Backlog Act
of 2000, as added by section 3(a), including the number of
samples that have not been tested.
SEC. 5. REDUCING THE RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(c)(3)) is amended--
(1) in subparagraph (B), by striking ``2014'' and inserting
``2018''; and
(2) by adding at the end the following:
``(C) For each of fiscal years 2014 through 2018,
not less than 75 percent of the total grant amounts
shall be awarded for a combination of purposes under
paragraphs (1), (2), and (3) of subsection (a).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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