II

106TH CONGRESS

2D SESSION S. 3206

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to

provide additional protections to victims of rape.

IN THE SENATE OF THE UNITED STATES

OCTOBER 13 (legislative day, SEPTEMBER 22), 2000

Mr. ABRAHAM introduced the following bill; which was read twice and 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Victims of Rape

5 Health Protection Act’’.

6 SEC. 2. BYRNE GRANT REDUCTION FOR NONCOMPLIANCE.

7 (a) GRANT REDUCTION FOR NONCOMPLIANCE.—Sec8 tion 506 of title I of the Omnibus Crime Control and Safe

9 Streets Act of 1968 (42 U.S.C. 3756) is amended by add10 ing at the end the following:
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•S 3206 IS

1 ‘‘(g) SEX OFFENDER HIV TESTING.—

2 ‘‘(1) IN GENERAL.—The funds available under

3 this subpart for a State shall be reduced by 10 per4 cent and redistributed under paragraph (2) unless

5 the State demonstrates to the satisfaction of the Di6 rector that the laws or regulations of the State with

7 respect to a defendant against whom an information

8 or indictment is presented for a crime in which by

9 force or threat of force the perpetrator compels the

10 victim to engage in a sexual act (as defined in sub11 section (f)(3)(B)), the State requires as follows:

12 ‘‘(A) That the defendant be tested for HIV

13 disease if—

14 ‘‘(i) the nature of the alleged crime is

15 such that the sexual act would have placed

16 the victim at risk of becoming infected

17 with HIV; and

18 ‘‘(ii) the victim requests the test.

19 ‘‘(B) That if the conditions specified in

20 subparagraph (A) are met—

21 ‘‘(i) the defendant undergo the test

22 not later than—

23 ‘‘(I) 48 hours after the date on

24 which the information or indictment is

25 presented; or
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1 ‘‘(II) 48 hours after the request

2 of the victim if that request is made

3 after the date on which the informa4 tion or indictment is presented;

5 ‘‘(ii) the results of the test shall be

6 confidential except as provided in clause

7 (iii) and except as otherwise provided

8 under State law; and

9 ‘‘(iii) that as soon as is practicable the

10 results of the test be made available to—

11 ‘‘(I) the victim; and

12 ‘‘(II) the defendant (or if the de13 fendant is a minor, to the legal guard14 ian of the defendant).

15 Nothing in this subparagraph shall be con16 strued to bar a State from restricting the vic17 tim’s disclosure of the defendant’s test results

18 to third parties as a condition of making such

19 results available to the victim.

20 ‘‘(C) That if the defendant has been tested

21 pursuant to subparagraph (B), the defendant,

22 upon request of the victim, undergo such follow23 up tests for HIV as may be medically appro24 priate, and that as soon as is practicable after

25 each such test the results of the test be made
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•S 3206 IS

1 available in accordance with subparagraph (B)

2 (except that this subparagraph applies only to

3 the extent that the individual involved continues

4 to be a defendant in the judicial proceedings in5 volved, or is convicted in the proceedings).

6 ‘‘(2) REDISTRIBUTION.—Any funds available

7 for redistribution shall be redistributed to partici8 pating States that comply with the requirements of

9 paragraph (1).

10 ‘‘(3) COMPLIANCE.—The Attorney General

11 shall issue regulations to ensure compliance with the

12 requirements of paragraph (1).’’.

13 (b) CONFORMING AMENDMENT.—Section 506(a) of

14 title I of the Omnibus Crime Control and Safe Streets Act

15 of 1968 is amended by striking ‘‘subsection (f),’’ and in16 serting ‘‘subsections (f) and (g),’’.

17 (c) FUNDING.—Section 501(b) of title I of the Omni18 bus Crime Control and Safe Streets Act of 1968 is

19 amended—

20 (1) in paragraph (25), by striking ‘‘and’’ after

21 the semicolon;

22 (2) in paragraph (26), by striking the period

23 and inserting ‘‘; and’’; and

24 (3) by inserting at the end the following:
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1 ‘‘(27) programs to test defendants for HIV dis2 ease in accordance with the terms of subsection

3 (g).’’.

4 (d) EFFECTIVE DATE.—

5 (1) PROGRAM.—The amendments made by sub6 sections (a) and (b) shall take effect on the first day

7 of the fiscal year succeeding the first fiscal year be8 ginning 2 years after the date of the enactment of

9 this Act.

10 (2) FUNDING.—The amendment made by sub11 section (c) shall take effect on the date of enactment

12 of this Act.

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