I

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.

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
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1 Streets Act of 1968 (42 U.S.C. 3756) is amended by add2 ing at the end the following:

3 ‘‘(g) SEX OFFENDER HIV TESTING.—

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

5 this subpart for a State shall be reduced by 10 per6 cent and redistributed under paragraph (2) unless

7 the State demonstrates to the satisfaction of the Di8 rector that the laws or regulations of the State with

9 respect to a defendant against whom an information

10 or indictment is presented for a crime in which by

11 force or threat of force the perpetrator compels the

12 victim to engage in a sexual act (as defined in sub13 section (f)(3)(B)), the State requires as follows:

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

15 disease if—

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

17 such that the sexual act would have placed

18 the victim at risk of becoming infected

19 with HIV; and

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

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

22 subparagraph (A) are met—

23 ‘‘(i) the defendant undergo the test

24 not later than—
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1 ‘‘(I) 24 hours after the date on

2 which the information or indictment is

3 presented; or

4 ‘‘(II) 24 hours after the request

5 of the victim if that request is made

6 after the date on which the informa7 tion or indictment is presented;

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

9 confidential except as provided in clause

10 (iii) and except as otherwise provided

11 under State law; and

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

13 results of the test be made available to—

14 ‘‘(I) the victim; and

15 ‘‘(II) the defendant (or if the de16 fendant is a minor, to the legal guard17 ian of the defendant).

18 Nothing in this subparagraph shall be con19 strued to bar a State from restricting the vic20 tim’s disclosure of the defendant’s test results

21 to third parties as a condition of making such

22 results available to the victim.

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

24 pursuant to subparagraph (B), the defendant,

25 upon request of the victim, undergo such follow-
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1 up tests for HIV as may be medically appro2 priate, and that as soon as is practicable after

3 each such test the results of the test be made

4 available in accordance with subparagraph (B)

5 (except that this subparagraph applies only to

6 the extent that the individual involved continues

7 to be a defendant in the judicial proceedings in8 volved, or is convicted in the proceedings).

9 ‘‘(D) That, if the results of a test con10 ducted pursuant to subparagraph (B) or (C) in11 dicate that the defendant has HIV disease, such

12 fact may, as relevant, be considered in the judi13 cial proceedings conducted with respect to the

14 alleged crime.

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

16 for redistribution shall be redistributed to partici17 pating States that comply with the requirements of

18 paragraph (1).

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

20 shall issue regulations to ensure compliance with the

21 requirements of paragraph (1).’’.

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

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

24 of 1968 (42 U.S.C. 3756(a)) is amended by striking ‘‘sub25 section (f),’’ and inserting ‘‘subsections (f) and (g),’’.
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1 (c) FUNDING.—Section 501(b) of title I of the Omni2 bus Crime Control and Safe Streets Act of 1968 (42

3 U.S.C. 3751(b)) is amended—

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

5 the semicolon;

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

7 and inserting ‘‘; and’’; and

8 (3) by inserting at the end the following:

9 ‘‘(27) programs to test defendants for HIV dis10 ease in accordance with the terms of subsection

11 (g).’’.

12 (d) EFFECTIVE DATE.—

13 (1) PROGRAM.—The amendments made by sub14 sections (a) and (b) shall take effect on the first day

15 of the fiscal year succeeding the first fiscal year be16 ginning 2 years after the date of the enactment of

17 this Act.

18 (2) FUNDING.—The amendment made by sub19 section (c) shall take effect on the date of enactment

20 of this Act.

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