H. R. 3355—149
personnel, and the legitimate reasons why victims of domestic
violence may refuse to testify against a defendant;
(18) the need for orders of protection, and the implications
of mutual orders of protection, dual arrest policies, and medi-
ation in domestic violence cases; and
(19) recognition of and response to gender-motivated crimes
of violence other than rape, sexual assault and domestic
violence, such as mass or serial murder motivated by the gender
of the victims.
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING
GRANTS UNDER THIS TITLE.
The State Justice Institute shall ensure that model programs
carried out pursuant to grants made under this subtitle are devel-
oped with the participation of law enforcement officials, public
and private nonprofit victim advocates, legal experts, prosecutors,
defense attorneys, and recognized experts on gender bias in the
courts.
SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
carry out this chapter $600,000 for fiscal year 1996.
(b) MODEL PROGRAMS.—Of amounts appropriated under this
section, the State Justice Institute shall expend not less than 40
percent on model programs regarding domestic violence and not
less than 40 percent on model programs regarding rape and sexual
assault.
CHAPTER 2—EDUCATION AND TRAINING FOR JUDGES
AND COURT PERSONNEL IN FEDERAL COURTS
SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND
TRAINING GRANTS.
(a) STUDIES.—In order to gain a better understanding of the
nature and the extent of gender bias in the Federal courts, the
circuit judicial councils are encouraged to conduct studies of the
instances, if any, of gender bias in their respective circuits and
to implement recommended reforms.
(b) MATTERS FOR EXAMINATION.—The studies under subsection
(a) may include an examination of the effects of gender on—
(1) the treatment of litigants, witnesses, attorneys, jurors,
and judges in the courts, including before magistrate and bank-
ruptcy judges;
(2) the interpretation and application of the law, both civil
and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes in judicial
proceedings;
(5) sentencing;
(6) sentencing alternatives and the nature of supervision
of probation and parole;
(7) appointments to committees of the Judicial Conference
and the courts;
(8) case management and court sponsored alternative dis-
pute resolution programs;
(9) the selection, retention, promotion, and treatment of
employees;
H. R. 3355—150
(10) appointment of arbitrators, experts, and special mas-
ters;
(11) the admissibility of the victim’s past sexual history
in civil and criminal cases; and
(12) the aspects of the topics listed in section 40412 that
pertain to issues within the jurisdiction of the Federal courts.
(c) CLEARINGHOUSE.—The Administrative Office of the United
States Courts shall act as a clearinghouse to disseminate any
reports and materials issued by the gender bias task forces under
subsection (a) and to respond to requests for such reports and
materials. The gender bias task forces shall provide the Administra-
tive Office of the Courts of the United States with their reports
and related material.
(d) MODEL PROGRAMS.—The Federal Judicial Center, in carry-
ing out section 620(b)(3) of title 28, United States Code, may—
(1) include in the educational programs it presents and
prepares, including the training programs for newly appointed
judges, information on issues related to gender bias in the
courts including such areas as are listed in subsection (a)
along with such other topics as the Federal Judicial Center
deems appropriate;
(2) prepare materials necessary to implement this sub-
section; and
(3) take into consideration the findings and recommenda-
tions of the studies conducted pursuant to subsection (a), and
to consult with individuals and groups with relevant expertise
in gender bias issues as it prepares or revises such materials.
SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated—
(1) to the Salaries and Expenses Account of the Courts
of Appeals, District Courts, and other Judicial Services to carry
out section 40421(a) $500,000 for fiscal year 1996;
(2) to the Federal Judicial Center to carry out section
40421(d) $100,000 for fiscal year 1996; and
(3) to the Administrative Office of the United States Courts
to carry out section 40421(c) $100,000 for fiscal year 1996.
Subtitle E—Violence Against Women Act
Improvements
SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ‘‘; or’’; and
(3) by adding after subparagraph (B) the following new
subparagraph:
‘‘(C) any felony under chapter 109A or chapter 110.’’.
SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VIC-
TIMS BELOW THE AGE OF 16.
Section 2245(2) of title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (B);
(2) by striking ‘‘; and’’ at the end of subparagraph (C)
and inserting ‘‘; or’’; and
H. R. 3355—151
(3) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) the intentional touching, not through the clothing,
of the genitalia of another person who has not attained the
age of 16 years with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any person;’’.
SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMIT-
TED DISEASES.
(a) FOR VICTIMS
IN SEX OFFENSE CASES.—Section 503(c)(7)
of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C.
10607(c)(7)) is amended by adding at the end the following: ‘‘The
Attorney General shall provide for the payment of the cost of
up to 2 anonymous and confidential tests of the victim for sexually
transmitted diseases, including HIV, gonorrhea, herpes, chlamydia,
and syphilis, during the 12 months following sexual assaults that
pose a risk of transmission, and the cost of a counseling session
by a medically trained professional on the accuracy of such tests
and the risk of transmission of sexually transmitted diseases to
the victim as the result of the assault. A victim may waive anonym-
ity and confidentiality of any tests paid for under this section.’’.
(b) LIMITED TESTING OF DEFENDANTS.—
(1) COURT ORDER.—The victim of an offense of the type
referred to in subsection (a) may obtain an order in the district
court of the United States for the district in which charges
are brought against the defendant charged with the offense,
after notice to the defendant and an opportunity to be heard,
requiring that the defendant be tested for the presence of
the etiologic agent for acquired immune deficiency syndrome,
and that the results of the test be communicated to the victim
and the defendant. Any test result of the defendant given
to the victim or the defendant must be accompanied by appro-
priate counseling.
(2) SHOWING REQUIRED.—To obtain an order under para-
graph (1), the victim must demonstrate that—
(A) the defendant has been charged with the offense
in a State or Federal court, and if the defendant has
been arrested without a warrant, a probable cause deter-
mination has been made;
(B) the test for the etiologic agent for acquired immune
deficiency syndrome is requested by the victim after appro-
priate counseling; and
(C) the test would provide information necessary for
the health of the victim of the alleged offense and the
court determines that the alleged conduct of the defendant
created a risk of transmission, as determined by the Cen-
ters for Disease Control, of the etiologic agent for acquired
immune deficiency syndrome to the victim.
(3) FOLLOW-UP TESTING.—The court may order follow-up
tests and counseling under paragraph (b)(1) if the initial test
was negative. Such follow-up tests and counseling shall be
performed at the request of the victim on dates that occur
six months and twelve months following the initial test.
(4) TERMINATION OF TESTING REQUIREMENTS.—An order for
follow-up testing under paragraph (3) shall be terminated if
the person obtains an acquittal on, or dismissal of, all charges
of the type referred to in subsection (a).
H. R. 3355—152
(5) CONFIDENTIALITY
OF
TEST.—The results of any test
ordered under this subsection shall be disclosed only to the
victim or, where the court deems appropriate, to the parent
or legal guardian of the victim, and to the person tested. The
victim may disclose the test results only to any medical profes-
sional, counselor, family member or sexual partner(s) the victim
may have had since the attack. Any such individual to whom
the test results are disclosed by the victim shall maintain
the confidentiality of such information.
(6) DISCLOSURE OF TEST RESULTS.—The court shall issue
an order to prohibit the disclosure by the victim of the results
of any test performed under this subsection to anyone other
than those mentioned in paragraph (5). The contents of the
court proceedings and test results pursuant to this section
shall be sealed. The results of such test performed on the
defendant under this section shall not be used as evidence
in any criminal trial.
(7) CONTEMPT FOR DISCLOSURE.—Any person who discloses
the results of a test in violation of this subsection may be
held in contempt of court.
(c) PENALTIES FOR INTENTIONAL TRANSMISSION OF HIV.—Not
later than 6 months after the date of enactment of this Act, the
United States Sentencing Commission shall conduct a study and
prepare and submit to the committees on the Judiciary of the
Senate and the House of Representatives a report concerning rec-
ommendations for the revision of sentencing guidelines that relate
to offenses in which an HIV infected individual engages in sexual
activity if the individual knows that he or she is infected with
HIV and intends, through such sexual activity, to expose another
to HIV.
SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.
Section 3663(b) of title 18, United States Code, is amended—
(1) in paragraph (2) by inserting ‘‘including an offense
under chapter 109A or chapter 110’’ after ‘‘an offense resulting
in bodily injury to a victim’’;
(2) by striking ‘‘and’’ at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new para-
graph:
‘‘(4) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses related
to participation in the investigation or prosecution of the offense
or attendance at proceedings related to the offense; and’’.
SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH
SUSPENSION OF FEDERAL BENEFITS.
Section 3663 of title 18, United States Code, is amended by
adding at the end the following new subsection:
‘‘(i)(1) A Federal agency shall immediately suspend all Federal
benefits provided by the agency to the defendant, and shall termi-
nate the defendant’s eligibility for Federal benefits administered
by that agency, upon receipt of a certified copy of a written judicial
finding that the defendant is delinquent in making restitution in
accordance with any schedule of payments or any requirement
of immediate payment imposed under this section.
‘‘(2) Any written finding of delinquency described in paragraph
(1) shall be made by a court, after a hearing, upon motion of