Streets Act of 1968 (42 U.S.C. 3756) is amended by add-
ing at the end the following:
‘‘(g) SEX OFFENDER HIV TESTING.—
‘‘(1) IN GENERAL.—The funds available under
this subpart for a State shall be reduced by 10 per-
cent and redistributed under paragraph (2) unless
the State demonstrates to the satisfaction of the Di-
rector that the laws or regulations of the State with
respect to a defendant against whom an information
or indictment is presented for a crime in which by
force or threat of force the perpetrator compels the
victim to engage in a sexual act (as defined in sub-
section (f)(3)(B)), the State requires as follows:
‘‘(A) That the defendant be tested for HIV
disease if—
‘‘(i) the nature of the alleged crime is
such that the sexual act would have placed
the victim at risk of becoming infected
with HIV; and
‘‘(ii) the victim requests the test.
‘‘(B) That if the conditions specified in
subparagraph (A) are met—
‘‘(i) the defendant undergo the test
not later than—
‘‘(I) 24 hours after the date on
which the information or indictment is
presented; or
‘‘(II) 24 hours after the request
of the victim if that request is made
after the date on which the informa-
tion or indictment is presented;
‘‘(ii) the results of the test shall be
confidential except as provided in clause
(iii) and except as otherwise provided
under State law; and
‘‘(iii) that as soon as is practicable the
results of the test be made available to—
‘‘(I) the victim; and
‘‘(II) the defendant (or if the de-
fendant is a minor, to the legal guard-
ian of the defendant).
Nothing in this subparagraph shall be con-
strued to bar a State from restricting the vic-
tim’s disclosure of the defendant’s test results
to third parties as a condition of making such
results available to the victim.
‘‘(C) That if the defendant has been tested
pursuant to subparagraph (B), the defendant,
upon request of the victim, undergo such follow-
up tests for HIV as may be medically appro-
priate, and that as soon as is practicable after
each such test the results of the test be made
available in accordance with subparagraph (B)
(except that this subparagraph applies only to
the extent that the individual involved continues
to be a defendant in the judicial proceedings in-
volved, or is convicted in the proceedings).
‘‘(D) That, if the results of a test con-
ducted pursuant to subparagraph (B) or (C) in-
dicate that the defendant has HIV disease, such
fact may, as relevant, be considered in the judi-
cial proceedings conducted with respect to the
alleged crime.
‘‘(2) REDISTRIBUTION.—Any funds available
for redistribution shall be redistributed to partici-
pating States that comply with the requirements of
paragraph (1).
‘‘(3) 
COMPLIANCE.—The 
Attorney 
General
shall issue regulations to ensure compliance with the
requirements of paragraph (1).’’.
(b) CONFORMING AMENDMENT.—Section 506(a) of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3756(a)) is amended by striking ‘‘sub-
section (f),’’ and inserting ‘‘subsections (f) and (g),’’.
(c) FUNDING.—Section 501(b) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3751(b)) is amended—
(1) in paragraph (25), by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (26), by striking the period
and inserting ‘‘; and’’; and
(3) by inserting at the end the following:
‘‘(27) programs to test defendants for HIV dis-
ease in accordance with the terms of subsection
(g).’’.
(d) EFFECTIVE DATE.—
(1) PROGRAM.—The amendments made by sub-
sections (a) and (b) shall take effect on the first day
of the fiscal year succeeding the first fiscal year be-
ginning 2 years after the date of the enactment of
this Act.
(2) FUNDING.—The amendment made by sub-
section (c) shall take effect on the date of enactment
of this Act.
Æ