[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1492 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. RES. 1492
Expressing the sense of the House of Representatives regarding the need
for State legislatures to pass comprehensive sexual assault kit
reforms.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 22, 2022
Mr. Joyce of Ohio (for himself, Mr. Katko, Ms. Kuster, and Ms. Speier)
submitted the following resolution; which was referred to the Committee
on the Judiciary
_______________________________________________________________________
RESOLUTION
Expressing the sense of the House of Representatives regarding the need
for State legislatures to pass comprehensive sexual assault kit
reforms.
Whereas survivors of sexual assault may undergo an hours-long sexual assault
forensic exam to preserve DNA evidence;
Whereas many sexual assault kits across the country remain untested;
Whereas untested sexual assault kits represent individuals who have been denied
the opportunity to seek justice and begin healing;
Whereas testing sexual assault kits may help law enforcement officials identify
repeat offenders and serial rapists;
Whereas the testing of 11,341 sexual assault kits in Detroit has resulted in
2,616 DNA matches, the identification of more than 841 suspected serial
rapists, and 239 convictions, and the DNA samples from the kits tested
in Detroit are linked to other violent crimes committed in 40 States and
the District of Columbia;
Whereas ending the sexual assault kit backlog requires the commitment of
Federal, State, and local governments and their partners; and
Whereas, in 2021, the Begun Center for Violence Prevention Research and
Education at Case Western Reserve University and the Criminology
Research Center at Cleveland State University, in partnership with the
Sexual Assault Kit Task Force at Cuyahoga County Prosecutor's Office,
analyzed the cost of testing backlogged sexual assault kits in Cuyahoga
County, Ohio, and found that each kit tested produces an estimated net
savings to the community of $5,127, producing a total cost savings of
$26,480,000: Now, therefore, be it
Resolved, That it is the sense of the House of Representatives that
State legislatures should pass sexual assault kit reform legislation
that requires--
(1) the State to establish collaborations with State and
local sexual assault advocates, sexual assault nurse examiners,
law enforcement officers, and others to ensure that--
(A) a sexual assault advocate is made available to
sexual assault survivors upon a report to law
enforcement, during a sexual assault forensic exam, and
for ongoing support and services;
(B) sexual assault survivors are notified of their
rights and kit results in a trauma-informed manner, in
collaboration with sexual assault advocates; and
(C) policies and procedures pertaining to sexual
assault kit examinations, testing, and notification are
victim-centered and developed collaboratively across
victim advocacy, medical, law enforcement, and other
sexual assault response team partners;
(2) the State to conduct an annual statewide audit to
inventory all untested sexual assault evidence kits with the
goal of understanding the scope of the problem and to monitor
progress in eliminating the backlog of previously unsubmitted
and untested kits;
(3) law enforcement agencies to submit all previously
untested sexual assault kits to a laboratory and mandates that
the laboratory test these kits for DNA within a specific
timeframe and upload the results into appropriate State and
Federal databases;
(4) law enforcement agencies to promptly submit all newly
collected kits that have been released for testing to the
laboratory and mandates that the laboratory test these kits for
DNA within a specific timeframe and upload the results into
appropriate State and Federal databases;
(5) the State to develop a sexual assault kit tracking
system that includes a mechanism for survivors to check the
status of their kits through the process, from collection to
analysis, and ensure that hospitals, law enforcement, and
laboratories are using the same system to track sexual assault
kits;
(6) the State ensure that victims have the legal right to
know the status and location of their sexual assault kits and
their case; and
(7) the State to contribute appropriate and sustainable
funding to address issues related to the unsubmitted and
untested sexual assault kit backlog, including trauma-informed
support services for survivors.
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