I
106TH CONGRESS
1ST SESSION
H.R. 3088
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
OCTOBER 14, 1999
Mr. WELDON of Florida 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Victims of Rape
Health Protection Act’’.
SEC. 2. BYRNE GRANT REDUCTION FOR NONCOMPLIANCE.
(a) GRANT REDUCTION FOR NONCOMPLIANCE.—Sec-
tion 506 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3756) is amended by add-
ing at the end the following:
‘‘(g) LAWS OF REGULATIONS.—
‘‘(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 law 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 sexual activity, the State re-
quires as follows:
‘‘(A) That the defendant be tested for HIV
disease if—
‘‘(i) the nature of the alleged crime is
such that the sexual activity would have
placed the victim at risk of becoming in-
fected with HIV; or
‘‘(ii) the victim requests that the de-
fendant be so tested.
‘‘(B) That if the conditions specified in
subparagraph (A) are met, the defendant un-
dergo the test not later than 48 hours after the
date on which the information or indictment is
presented, and that as soon thereafter as is
practicable the results of the test be made avail-
able to the victim; the defendant (or if the de-
fendant is a minor, to the legal guardian of the
defendant); the attorneys of the victim; the at-
torneys of the defendant; the prosecuting attor-
neys; and the judge presiding at the trial, if
any.
‘‘(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 is amended by striking ‘‘subsection (f),’’ and in-
serting ‘‘subsections (f) and (g),’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the first day of each
fiscal year succeeding the first fiscal year beginning 2
years after the date of the enactment of this Act.
Æ