I 

111TH CONGRESS 

2D SESSION H. R. 6085 

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 

AUGUST 10, 2010 

Mrs. MALONEY (for herself, Mr. POE of Texas, Ms. RICHARDSON, Mr. COHEN, 

and Mr. GORDON of Tennessee) 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. 

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 ‘‘Sexual Assault Foren5 sic Evidence Registry Act of 2010’’ or the ‘‘SAFER Act 

6 of 2010’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 6085 IH

1 SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL AS2 SAULT EVIDENCE BACKLOGS. 

3 Section 2 of the DNA Analysis Backlog Elimination 

4 Act of 2000 (42 U.S.C. 14135) is amended— 

5 (1) in subsection (a), by adding at the end the 

6 following new paragraph: 

7 ‘‘(6) To conduct an audit consistent with sub8 section (n) of the samples of sexual assault evidence 

9 that are in the possession of the State or unit of 

10 local government and are awaiting testing.’’; 

11 (2) in subsection (c)(3), in the matter preceding 

12 subparagraph (A), by inserting ‘‘from funds made 

13 available under subsection (j)(1)’’ after ‘‘paragraph 

14 (1)’’; 

15 (3) in subsection (d)(3)(C), by striking ‘‘sub16 section (j)’’ and inserting ‘‘subsection (j)(1)’’; 

17 (4) in subsection (j)— 

18 (A) by striking ‘‘There are’’ and inserting 

19 the following: 

20 ‘‘(1) IN GENERAL.—There are’’; and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) AMOUNTS FOR AUDITING SEXUAL ASSAULT

24 EVIDENCE BACKLOGS.—In addition to amounts ap25 propriated under paragraph (1), there are author26 ized to be appropriated to the Attorney General for 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•HR 6085 IH

1 grants for the purpose described in subsection (a)(6) 

2 $10,000,000 for each of fiscal years 2011 through 

3 2014.’’; 

4 (5) in subsection (k), in the matter preceding 

5 paragraph (1), by striking ‘‘subsection (j)’’ and in6 serting ‘‘subsection (j)(1)’’; and 

7 (6) by adding at the end the following new sub8 section: 

9 ‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL AS10 SAULT EVIDENCE BACKLOGS.— 

11 ‘‘(1) ELIGIBILITY.—The Attorney General may 

12 award a grant under this section to a State or unit 

13 of local government for the purpose described in 

14 subsection (a)(6) only if the State or unit of local 

15 government— 

16 ‘‘(A) submits a plan for performing the 

17 audit of samples described in such subsection; 

18 and 

19 ‘‘(B) includes in such plan a good-faith es20 timate of the number of such samples. 

21 ‘‘(2) GRANT CONDITIONS.—A State or unit of 

22 local government receiving a grant for the purpose 

23 described in subsection (a)(6) shall— 

24 ‘‘(A) not later than 1 year after receiving 

25 such grant— 


rfrederick on DSKD9S0YB1PROD with BILLS
4 

•HR 6085 IH

1 ‘‘(i) complete the audit referred to in 

2 paragraph (1)(A) in accordance with the 

3 plan submitted under such paragraph; and 

4 ‘‘(ii) for each sample of sexual assault 

5 evidence identified in such audit, subject to 

6 paragraph (4), enter into the Sexual As7 sault Forensic Evidence Registry estab8 lished under section 3 of the SAFER Act 

9 of 2010 the information listed in sub10 section (b)(1) of such section; 

11 ‘‘(B) not later than 14 days after receiving 

12 possession of a sample of sexual assault evi13 dence that was not in the possession of the 

14 State or unit of local government at the time of 

15 such audit, subject to paragraph (4), enter into 

16 such Registry the information listed in such 

17 subsection with respect to the sample; and 

18 ‘‘(C) not later than 30 days after a change 

19 in the status referred to in subparagraph (E) of 

20 such subsection of a sample with respect to 

21 which the State or unit of local government has 

22 entered information into such Registry, update 

23 such status. 

24 ‘‘(3) EXTENSION OF INITIAL DEADLINE.—The 

25 Attorney General may grant an extension of the 


rfrederick on DSKD9S0YB1PROD with BILLS
5 

•HR 6085 IH

1 deadline in paragraph (2)(A) to a State or unit of 

2 local government that demonstrates that more time 

3 is required for compliance with such paragraph. 

4 ‘‘(4) SAMPLES EXEMPT FROM REGISTRY RE5 QUIREMENT.—A State or unit of local government is 

6 not required under paragraph (2) to enter into the 

7 Registry described in such paragraph information 

8 with respect to a sample of sexual assault evidence 

9 if— 

10 ‘‘(A) the sample is not considered criminal 

11 evidence (such as a sample collected anony12 mously from a victim who is unwilling to make 

13 a criminal complaint); or 

14 ‘‘(B) the sample relates to a sexual assault 

15 for which the prosecution of each perpetrator is 

16 barred by a statute of limitations. 

17 ‘‘(5) DEFINITIONS.—In this subsection: 

18 ‘‘(A) AWAITING TESTING.—The term 

19 ‘awaiting testing’ means, with respect to a sam20 ple of sexual assault evidence, that— 

21 ‘‘(i) the sample has been collected and 

22 is in the possession of a State or unit of 

23 local government; 


rfrederick on DSKD9S0YB1PROD with BILLS
6 

•HR 6085 IH

1 ‘‘(ii) DNA and other appropriate fo2 rensic analyses have not been performed on 

3 such sample; and 

4 ‘‘(iii) the sample is related to a crimi5 nal case or investigation in which final dis6 position has not yet been reached. 

7 ‘‘(B) FINAL DISPOSITION.—The term ‘final 

8 disposition’ means, with respect to a criminal 

9 case or investigation to which a sample of sex10 ual assault evidence relates— 

11 ‘‘(i) the conviction or acquittal of all 

12 suspected perpetrators of the crime in13 volved; 

14 ‘‘(ii) a determination by the State or 

15 unit of local government in possession of 

16 the sample that the case is unfounded; or 

17 ‘‘(iii) a declaration by the victim of 

18 the crime involved that the act constituting 

19 the basis of the crime was not committed. 

20 ‘‘(C) POSSESSION.—The term ‘possession’, 

21 used with respect to possession of a sample of 

22 sexual assault evidence by a State or unit of 

23 local government, includes possession by an in24 dividual who is acting as an agent of the State 


rfrederick on DSKD9S0YB1PROD with BILLS
7 

•HR 6085 IH

1 or unit of local government for the collection of 

2 the sample.’’. 

3 SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of the enactment of this Act, the Attorney General 

6 shall establish a Sexual Assault Forensic Evidence Reg7 istry (in this section referred to as the ‘‘Registry’’) that— 

8 (1) allows States and units of local government 

9 to enter information into the Registry about samples 

10 of sexual assault evidence that are in the possession 

11 of such States or units of local government and are 

12 awaiting testing; and 

13 (2) tracks the testing and processing of such 

14 samples. 

15 (b) INFORMATION IN REGISTRY.— 

16 (1) IN GENERAL.—A State or unit of local gov17 ernment that chooses to enter information into the 

18 Registry about a sample of sexual assault evidence 

19 shall include the following information: 

20 (A) The date of the sexual assault to which 

21 the sample relates. 

22 (B) The city, county, or other appropriate 

23 locality where the sexual assault occurred. 

24 (C) The date on which the sample was col25 lected. 


rfrederick on DSKD9S0YB1PROD with BILLS
8 

•HR 6085 IH

1 (D) The date on which information about 

2 the sample was entered into the Registry. 

3 (E) The status of the progression of the 

4 sample through testing and other stages of the 

5 evidentiary handling process, including the 

6 identity of the entity in possession of the sam7 ple. 

8 (F) The date or dates after which the 

9 State or unit of local government would be 

10 barred by any applicable statutes of limitations 

11 from prosecuting a perpetrator of the sexual as12 sault for the sexual assault. 

13 (G) Such other information as the Attor14 ney General considers appropriate. 

15 (2) PERSONALLY IDENTIFIABLE INFORMA16 TION.—The Attorney General shall ensure that the 

17 Registry does not include personally identifiable in18 formation or details about a sexual assault that 

19 might lead to the identification of the individuals in20 volved, except the information listed in paragraph 

21 (1). 

22 (c) SAMPLE IDENTIFICATION NUMBER.—A State or 

23 unit of local government that chooses to enter information 

24 about a sample of sexual assault evidence into the Registry 

25 shall assign to the sample a unique numeric or alphaVerDate Mar 15 2010 23:48 Aug 10, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6085.IH H6085

rfrederick on DSKD9S0YB1PROD with BILLS
9 

•HR 6085 IH

1 numeric identifier. In assigning the identifier, a State or 

2 unit of local government may use a case-numbering system 

3 used for other purposes, but the Attorney General shall 

4 ensure that the identifier assigned to each sample is 

5 unique with respect to all samples entered by all States 

6 and units of local government. 

7 (d) UPDATE OF INFORMATION.—A State or unit of 

8 local government that chooses to enter information about 

9 a sample of sexual assault evidence into the Registry shall, 

10 not later than 30 days after a change in the status of 

11 the sample referred to in subsection (b)(1)(E), update 

12 such status. 

13 (e) INTERNET ACCESS.—The Attorney General shall 

14 make the Registry accessible to the public on an appro15 priate Internet website. 

16 (f) TECHNICAL ASSISTANCE.—The Attorney General 

17 shall— 

18 (1) provide a means by which an entity that 

19 does not have access to the Internet may enter infor20 mation into the Registry; and 

21 (2) provide the technical assistance necessary to 

22 allow States and units of local government to par23 ticipate in the Registry. 

24 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 


rfrederick on DSKD9S0YB1PROD with BILLS
10 

•HR 6085 IH

1 $1,000,000 for each of the fiscal years 2011 through 

2 2014. 

3 SEC. 4. REPORT ON BEST PRACTICES FOR TESTING AND 

4 USE OF DNA EVIDENCE. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, the Attorney General 

7 shall develop and disseminate to law enforcement agencies 

8 and other appropriate entities a report on best practices 

9 for the testing and use of DNA evidence collected as part 

10 of the criminal investigation of sexual assault cases. In 

11 developing the best practices, the Attorney General shall 

12 take into account that sexual assault perpetrators are 

13 often habitual offenders, may commit many acts of sexual 

14 violence against both strangers and victims known to 

15 them, and may commit other violent crimes and crimes 

16 against property. 

17 (b) CONTENT.—The best practices developed under 

18 subsection (a) shall— 

19 (1) establish the appropriate prioritization of 

20 testing of samples of sexual assault evidence, includ21 ing samples related to— 

22 (A) cases in which a suspect has been 

23 identified and cases in which a suspect has not 

24 been identified; and 


rfrederick on DSKD9S0YB1PROD with BILLS
11 

•HR 6085 IH

1 (B) cases in which the assault was com2 mitted by a stranger and cases in which the as3 sault was committed by someone known to the 

4 victim; 

5 (2) describe the protocols for appropriately han6 dling and storing samples of sexual assault evidence; 

7 (3) describe the evidentiary value of and make 

8 recommendations pertaining to testing all samples of 

9 sexual assault evidence, including samples related 

10 to— 

11 (A) cases in which a suspect has been 

12 identified and cases in which a suspect has not 

13 been identified; 

14 (B) cases in which the assault was com15 mitted by a stranger and cases in which the as16 sault was committed by someone known to the 

17 victim; 

18 (C) cases in which prosecution of a perpe19 trator is barred by an applicable statute of limi20 tations; and 

21 (D) cases in which forensic evidence has 

22 been collected from a victim who, pursuant to 

23 section 2010(d)(1) of the Omnibus Crime Con24 trol and Safe Streets Act of 1968 (42 U.S.C. 

25 3796gg–4(d)(1)), chooses not to participate in 


rfrederick on DSKD9S0YB1PROD with BILLS
12 

•HR 6085 IH

1 the criminal justice system or cooperate with 

2 law enforcement; and 

3 (4) make recommendations with respect to noti4 fying a victim that the sample of sexual assault evi5 dence of the victim has been tested, including vic6 tims in cases— 

7 (A) that are actively being investigated (in8 cluding cases being actively investigated after a 

9 period of dormancy); and 

10 (B) in which prosecution of a perpetrator 

11 is barred by an applicable statute of limitations. 

12 (c) SENSE OF CONGRESS.—It is the sense of Con13 gress that law enforcement agencies and other appropriate 

14 entities should use the best practices developed and dis15 seminated under subsection (a) to develop, evaluate, and 

16 improve DNA evidence protocols. 

17 SEC. 5. REPORTS TO CONGRESS. 

18 Not later than 90 days after the end of each fiscal 

19 year for which a grant is made for the purpose described 

20 in section 2(a)(6) of the DNA Analysis Backlog Elimi21 nation Act of 2000, as added by section 2(1) of this Act, 

22 the Attorney General shall submit to Congress a report 

23 that— 

24 (1) lists the States and units of local govern25 ment that have been awarded such grants and the 


rfrederick on DSKD9S0YB1PROD with BILLS
13 

•HR 6085 IH

1 amount of the grant received by each such State or 

2 unit of local government; 

3 (2) states the number of extensions granted by 

4 the Attorney General under section 2(n)(3) of such 

5 Act, as added by section 2(6) of this Act; and 

6 (3) summarizes the processing status of the 

7 samples of sexual assault evidence on which informa8 tion has been entered into the Sexual Assault Foren9 sic Evidence Registry established under section 3, 

10 including the number of samples that have not been 

11 tested. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS