Sexual Assault Forensic Evidence Reporting Act of 2017

Summary: Sexual Assault Forensic Evidence Reporting Act of 2017 or the SAFER Act of 2017 This bill amends the Innocence Protection Act of 2004 to modify requirements with respect establishing and implementing best practices for evidence retention. The bill amends the DNA Sexual Assault Justice Act of 2004 to require the Department of Justice (DOJ), in providing information about the role of forensic nurses to certain health-related entities, to provide information about the role of both adult and pediatric forensic nurses. DOJ must also provide additional information on the need for pediatric sexual assault nurse examiners in responding to the abuse of both children and adolescents. The bill amends the DNA Analysis Backlog Elimination Act of 2000 to modify the Debbie Smith DNA Backlog Grant Program:   to add, as a purpose area, increasing the capacity of prosecutors to address the backlog of violent crime cases involving suspects identified through DNA evidence; and   to reauthorize through FY2022 the requirement for DOJ to allocate a certain percentage of program funds for grants to audit backlogged rape kits.  

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sexual Assault Forensic Evidence 
Reporting Act of 2017'' or the ``SAFER Act of 2017''.

SEC. 2. BEST PRACTICES FOR RAPE KIT RETENTION OF SEXUAL ASSAULT 
              FORENSIC EVIDENCE FOR UNSOLVED CRIMES.

    (a) In General.--Section 414 of the Justice for All Act of 2004 (42 
U.S.C. 14136f) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``and the Director of the 
                        Bureau of Justice Assistance'' after 
                        ``Justice''; and
                            (ii) by striking ``and government'' and 
                        inserting ``, government''; and
                            (iii) by inserting ``and other national and 
                        State subject matter experts,'' before 
                        ``shall''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``and encourage compliance 
                        with'' after ``establish''; and
                            (ii) by inserting ``connected to cases in 
                        which no person is currently convicted, 
                        including best practices for the preservation 
                        of sexual assault evidence collection kits or 
                        their probative contents for unsolved cases'' 
                        before the semicolon at the end;
            (2) by striking subsection (b) and inserting the following:
    ``(b) Deadlines.--The Director of the National Institute of Justice 
and the Director of the Bureau of Justice Assistance shall--
            ``(1) not later than December 31, 2018, publish the best 
        practices established under subsection (a)(1); and
            ``(2) not later than 5 years after the date on which the 
        best practices are established under subsection (a)(1), and 
        once every 5 years thereafter, conduct a review of the best 
        practices, and update the best practices as necessary.''; and
            (3) in subsection (c), by inserting ``, except as otherwise 
        required under section 3772 of title 18, United States Code'' 
        before the period at the end.
    (b) Sexual Assault Survivors' Rights.--Section 3772(a)(2)(A) of 
title 18, United States Code, is amended by striking ``subject to 
paragraph (3),''.

SEC. 3. PEDIATRIC SEXUAL ASSAULT NURSE EXAMINERS.

    Section 304(c)(2) of the DNA Sexual Assault Justice Act of 2004 (42 
U.S.C. 14136a) is amended--
            (1) by inserting ``, both adult and pediatric,'' after 
        ``role of forensic nurses''; and
            (2) by striking ``and elder abuse'' and inserting ``elder 
        abuse, and, in particular, the need for pediatric sexual 
        assault nurse examiners, including such nurse examiners working 
        in the multidisciplinary setting, in responding to abuse of 
        both children and adolescents''.

SEC. 4. PROSECUTION OF DNA COLD CASES.

    (a) Debbie Smith DNA Backlog Grant Program.--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:
            ``(9) To increase the capacity of State and local 
        prosecution offices to address the backlog of violent crime 
        cases in which suspects have been identified through DNA 
        evidence.''; and
            (2) in subsection (c), by adding at the end the following:
            ``(5) Allocation of grant awards for prosecutors.--For each 
        fiscal year, 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)(9), 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).''.
    (b) Justice for All Reauthorization Act of 2016.--Section 3(a) of 
the Justice for All Reauthorization Act of 2016 (Public Law 114-324; 
130 Stat. 1949) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) not less than 5 percent, but not more than 7 percent, 
        of such amounts shall be provided for grants for prosecutors to 
        increase the capacity of State and local prosecution offices to 
        address the backlog of violent crime cases in which suspects 
        have been identified through DNA evidence.''.

SEC. 5. REDUCING THE RAPE KIT BACKLOG.

    (a) Reauthorization.--Section 2(c)(4) of the DNA Analysis Backlog 
Elimination Act of 2000 (42 U.S.C. 14135(c)(4)) is amended by striking 
``2017'' and inserting ``2022''.
    (b) Repeal of Sunset.--
            (1) In general.--Section 1006 of the SAFER Act of 2013 (42 
        U.S.C. 14135 note) is repealed.
            (2) Technical and conforming amendment.--The table of 
        contents for the Violence Against Women Reauthorization Act of 
        2013 (Public Law 113-4; 127 Stat. 54) is amended by striking 
        the item relating to section 1006.