Text: H.R.5578 — 114th Congress (2015-2016)All Bill Information (Except Text)

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Public Law No: 114-236 (10/07/2016)

 
[114th Congress Public Law 236]
[From the U.S. Government Publishing Office]



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                  SURVIVORS' BILL OF RIGHTS ACT OF 2016

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Public Law 114-236
114th Congress

                                 An Act


 
To establish certain rights for sexual assault survivors, and for other 
            purposes. <<NOTE: Oct. 7, 2016 -  [H.R. 5578]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Survivors' Bill 
of Rights Act of 2016.>> 
SECTION 1. <<NOTE: 18 USC 1 note.>>  SHORT TITLE.

    This Act may be cited as the ``Survivors' Bill of Rights Act of 
2016''.
SEC. 2. SEXUAL ASSAULT SURVIVORS' RIGHTS.

    (a) In General.--Part II of title 18, United States Code, <<NOTE: 18 
USC 3772 prec.>>  is amended by adding after chapter 237 the following:

             ``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS

``Sec.
``3772. Sexual assault survivors' rights.

``Sec. 3772. <<NOTE: 18 USC 3772.>>  Sexual assault survivors' 
                  rights

    ``(a) Rights of Sexual Assault Survivors.--In addition to those 
rights provided in section 3771, a sexual assault survivor has the 
following rights:
            ``(1) The right not to be prevented from, or charged for, 
        receiving a medical forensic examination.
            ``(2) The right to--
                    ``(A) <<NOTE: Time period.>>  subject to paragraph 
                (3), have a sexual assault evidence collection kit or 
                its probative contents preserved, without charge, for 
                the duration of the maximum applicable statute of 
                limitations or 20 years, whichever is shorter;
                    ``(B) be informed of any result of a sexual assault 
                evidence collection kit, including a DNA profile match, 
                toxicology report, or other information collected as 
                part of a medical forensic examination, if such 
                disclosure would not impede or compromise an ongoing 
                investigation; and
                    ``(C) be informed in writing of policies governing 
                the collection and preservation of a sexual assault 
                evidence collection kit.
            ``(3) The right to--
                    ``(A) <<NOTE: Notification. Deadline.>>  upon 
                written request, receive written notification from the 
                appropriate official with custody not later than 60 days 
                before the date of the intended destruction or disposal; 
                and
                    ``(B) upon written request, be granted further 
                preservation of the kit or its probative contents.

[[Page 130 STAT. 967]]

            ``(4) The right to be informed of the rights under this 
        subsection.

    ``(b) Applicability.--Subsections (b) through (f) of section 3771 
shall apply to sexual assault survivors.
    ``(c) Definition of Sexual Assault.--In this section, the term 
`sexual assault' means any nonconsensual sexual act proscribed by 
Federal, tribal, or State law, including when the victim lacks capacity 
to consent.
    ``(d) Funding.--This section, other than paragraphs (2)(A) and 
(3)(B) of subsection (a), shall be carried out using funds made 
available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 
1984 (42 U.S.C. 10601(d)(3)(A)(i)). No additional funds are authorized 
to be appropriated to carry out this section.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part II of title 18, United States <<NOTE: 18 USC 3001 prec.>> Code, is 
amended by adding at the end the following:

``238. Sexual assault survivors' rights..........................3772''.

    (c) Amendment to Victims of Crime Act of 1984.--Section 
1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 
10601(d)(3)(A)(i)) is amended by inserting after ``section 3771'' the 
following: ``or section 3772, as it relates to direct services,''.
SEC. 3. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.

    The Victims of Crime Act of 1984 is amended by adding after section 
1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. <<NOTE: 42 USC 10603f.>>  SEXUAL ASSAULT SURVIVORS' 
                            NOTIFICATION GRANTS.

    ``(a) In General.--The Attorney General may make grants as provided 
in section 1404(c)(1)(A) to States to develop and disseminate to 
entities described in subsection (c)(1) of this section written notice 
of applicable rights and policies for sexual assault survivors.
    ``(b) Notification of Rights.--Each recipient of a grant awarded 
under subsection (a) shall make its best effort to ensure that each 
entity described in subsection (c)(1) provides individuals who identify 
as a survivor of a sexual assault, and who consent to receiving such 
information, with written notice of applicable rights and policies 
regarding--
            ``(1) the right not to be charged fees for or otherwise 
        prevented from pursuing a sexual assault evidence collection 
        kit;
            ``(2) the right to have a sexual assault medical forensic 
        examination regardless of whether the survivor reports to or 
        cooperates with law enforcement;
            ``(3) the availability of a sexual assault advocate;
            ``(4) the availability of protective orders and policies 
        related to their enforcement;
            ``(5) policies regarding the storage, preservation, and 
        disposal of sexual assault evidence collection kits;
            ``(6) the process, if any, to request preservation of sexual 
        assault evidence collection kits or the probative evidence from 
        such kits; and
            ``(7) the availability of victim compensation and 
        restitution.

    ``(c) Dissemination of Written Notice.--Each recipient of a grant 
awarded under subsection (a) shall--
            ``(1) provide the written notice described in subsection (b) 
        to medical centers, hospitals, forensic examiners, sexual 
        assault service providers, State and local law enforcement 
        agencies,

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        and any other State agency or department reasonably likely to 
        serve sexual assault survivors; and
            ``(2) <<NOTE: Public information. Web posting.>>  make the 
        written notice described in subsection (b) publicly available on 
        the Internet website of the attorney general of the State.

    ``(d) Provision To Promote Compliance.--The Attorney General may 
provide such technical assistance and guidance as necessary to help 
recipients meet the requirements of this section.
    ``(e) Integration of Systems.--Any system developed and implemented 
under this section may be integrated with an existing case management 
system operated by the recipient of the grant if the system meets the 
requirements listed in this section.''.
SEC. 4. <<NOTE: Establishment.>>  WORKING GROUP.

    (a) <<NOTE: Consultation. 42 USC 14043g-1.>>  In General.--The 
Attorney General, in consultation with the Secretary of Health and Human 
Services (referred to in this section as the ``Secretary''), shall 
establish a joint working group (referred to in this section as the 
``Working Group'') to develop, coordinate, and disseminate best 
practices regarding the care and treatment of sexual assault survivors 
and the preservation of forensic evidence.

    (b) Consultation With Stakeholders.--The Working Group shall consult 
with--
            (1) stakeholders in law enforcement, prosecution, forensic 
        laboratory, counseling, forensic examiner, medical facility, and 
        medical provider communities; and
            (2) representatives of not less than 3 entities with 
        demonstrated expertise in sexual assault prevention, sexual 
        assault advocacy, or representation of sexual assault victims, 
        of which not less than 1 representative shall be a sexual 
        assault victim.

    (c) Membership.--The Working Group shall be composed of governmental 
or nongovernmental agency heads at the discretion of the Attorney 
General, in consultation with the Secretary.
    (d) Duties.--The Working Group shall--
            (1) <<NOTE: Recommenda- tions.>>  develop recommendations 
        for improving the coordination of the dissemination and 
        implementation of best practices and protocols regarding the 
        care and treatment of sexual assault survivors and the 
        preservation of evidence to hospital administrators, physicians, 
        forensic examiners, and other medical associations and leaders 
        in the medical community;
            (2) encourage, where appropriate, the adoption and 
        implementation of best practices and protocols regarding the 
        care and treatment of sexual assault survivors and the 
        preservation of evidence among hospital administrators, 
        physicians, forensic examiners, and other medical associations 
        and leaders in the medical community;
            (3) <<NOTE: Recommenda- tions.>>  develop recommendations to 
        promote the coordination of the dissemination and implementation 
        of best practices regarding the care and treatment of sexual 
        assault survivors and the preservation of evidence to State 
        attorneys general, United States attorneys, heads of State law 
        enforcement agencies, forensic laboratory directors and 
        managers, and other leaders in the law enforcement community;
            (4) develop and implement, where practicable, incentives to 
        encourage the adoption or implementation of best practices 
        regarding the care and treatment of sexual assault survivors and 
        the preservation of evidence among State attorneys general,

[[Page 130 STAT. 969]]

        United States attorneys, heads of State law enforcement 
        agencies, forensic laboratory directors and managers, and other 
        leaders in the law enforcement community;
            (5) collect feedback from stakeholders, practitioners, and 
        leadership throughout the Federal and State law enforcement, 
        victim services, forensic science practitioner, and health care 
        communities to inform development of future best practices or 
        clinical guidelines regarding the care and treatment of sexual 
        assault survivors; and
            (6) perform other activities, such as activities relating to 
        development, dissemination, outreach, engagement, or training 
        associated with advancing victim-centered care for sexual 
        assault survivors.

    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Working Group shall submit to the Attorney General, the 
Secretary, and Congress a report containing the findings and recommended 
actions of the Working Group.

    Approved October 7, 2016.

LEGISLATIVE HISTORY--H.R. 5578:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-707, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 162 (2016):
            Sept. 6, considered and passed House.
            Sept. 28, considered and passed Senate.

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