You've read about Debbie Smith in the "Crusade on Capitol Hill" article in the premiere issue of forensic nurse magazine; now take a look at the legislation itself. The Debbie Smith Act and related bills are currently circulating through the House of Representatives and Senate. Here is the actual bill language of HR , SB , SB and HR .

Debbie Smith Act
HR

107th CONGRESS

1st Session

H.R.

To make grants to train sexual assault nurse examiners, law enforcement personnel, and first responders in the handling of sexual assault cases, to establish minimum standards for forensic evidence collection kits, to carry out DNA analyses of samples from crime scenes, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 10,

Mrs. MALONEY of New York (for herself, Mr. HORN, Mr. LATOURETTE, Ms. WOOLSEY, and Ms. ESHOO) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To make grants to train sexual assault nurse examiners, law enforcement personnel, and first responders in the handling of sexual assault cases, to establish minimum standards for forensic evidence collection kits, to carry out DNA analyses of samples from crime scenes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Debbie Smith Act'.

SEC. 2. AUTHORIZATION OF GRANTS FOR TRAINING IN THE HANDLING OF SEXUAL ASSAULT CASES.

(a) AUTHORIZATION OF GRANTS- The Attorney General may make grants to eligible States for use by the State to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for use as forensic evidence.

(b) ELIGIBILITY- For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall include a certification that the State shall comply with the quality assurance standards for collecting and processing samples issued by the Director of the Federal Bureau of Investigation under section 03 of the DNA Identification Act of .

(c) RESTRICTIONS ON USE OF FUNDS-

(1) NONSUPPLANTING- Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act.

(2) ADMINISTRATIVE COSTS- A State may not use more than 3 percent of the funds it receives from this section for administrative expenses.

(d) REPORTS TO THE ATTORNEY GENERAL- Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains--

(1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and

(2) such other information as the Attorney General may require.

(e) REPORTS TO CONGRESS- Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes--

(1) the aggregate amount of grants made under this section to each State for such fiscal year; and

(2) a summary of the information provided by States receiving grants under this section.

(f) EXPENDITURE RECORDS-

(1) IN GENERAL- Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section.

(2) ACCESS- Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant.

(g) DEFINITION- For purposes of this section, the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(h) AUTHORIZATION OF APPROPRIATIONS- Amounts are authorized to be appropriated to the Attorney General for grants under subsection (a)--

(1) $150,000,000 for fiscal year ;

(2) $30,000,000 for fiscal year ; and

(3) $30,000,000 for fiscal year .

SEC. 3. QUALITY ASSURANCE STANDARDS FOR FORENSIC EVIDENCE COLLECTION KITS.

Section 03 of the Violent Crime Control and Law Enforcement Act of (42 U.S.C. 1) is amended--

(1) in subsection (a)(1)(C)--

(A) by striking `including standards for testing' and inserting `including standards for--

`(i) testing';

(B) by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following new clause:

`(ii) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.'; and

(2) in subsection (a)(2)--

(A) by striking `including standards for testing' and inserting `including standards for--

`(A) testing';

(B) by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following new subparagraph:

`(B) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.'.

SEC. 4. AUTHORIZATION OF GRANTS TO CARRY OUT DNA ANALYSES OF SAMPLES FROM CRIME SCENES.

(a) AUTHORIZATION OF GRANTS- The Attorney General may make grants to eligible States for use by the State to carry out, for inclusion in the Combined DNA Index System of the Federal Bureau of Investigation, DNA analyses of samples from crime scenes.

(b) ELIGIBILITY- For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall--

(1) provide assurances that the State has a plan in place, to be fully effective not later than five years after the date of such application, under which, for each sample specified in subsection (a), DNA analysis is carried out on the sample not later than 10 days after the sample was obtained; and

(2) include a certification that each DNA analysis carried out under the plan shall be maintained pursuant to the privacy requirements described in section 04(b)(3) of the Violent Crime Control and Law Enforcement Act of (42 U.S.C. 2(b)(3)).

(c) RESTRICTIONS ON USE OF FUNDS-

(1) NONSUPPLANTING- Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act.

(2) ADMINISTRATIVE COSTS- A State may not use more than 3 percent of the funds it receives from this section for administrative expenses.

(d) REPORTS TO THE ATTORNEY GENERAL- Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains--

(1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and

(2) such other information as the Attorney General may require.

(e) REPORTS TO CONGRESS- Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes--

(1) the aggregate amount of grants made under this section to each State for such fiscal year; and

(2) a summary of the information provided by States receiving grants under this section.

(f) EXPENDITURE RECORDS-

(1) IN GENERAL- Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section.

(2) ACCESS- Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant.

(g) DEFINITION- For purposes of this section, the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(h) AUTHORIZATION OF APPROPRIATIONS- Amounts are authorized to be appropriated to the Attorney General for grants under subsection (a)--

(1) $100,000,000 for fiscal year ;

(2) $50,000,000 for fiscal year ; and

(3) $50,000,000 for fiscal year .

Debbie Smith Act (Senate version)
SB

107th CONGRESS
2nd Session

S.

To make grants to train sexual assault nurse examiners, law enforcement personnel, and first responders in the handling of sexual assault cases, to establish minimum standards for forensic evidence collection kits, to carry out DNA analyses of samples from crime scenes, and for other purposes.

IN THE SENATE OF THE UNITED STATES

March 21,

Ms. CANTWELL introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To make grants to train sexual assault nurse examiners, law enforcement personnel, and first responders in the handling of sexual assault cases, to establish minimum standards for forensic evidence collection kits, to carry out DNA analyses of samples from crime scenes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Debbie Smith Act'.

SEC. 2. AUTHORIZATION OF GRANTS FOR TRAINING IN THE HANDLING OF SEXUAL ASSAULT CASES.

(a) AUTHORIZATION OF GRANTS- The Attorney General may make grants to eligible States for use by the States to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for use as forensic evidence.

(b) ELIGIBILITY- For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall include a certification that the State shall comply with the quality assurance and proficiency testing standards for collecting and processing samples issued by the Director of the Federal Bureau of Investigation under section 03 of the DNA Identification Act of (42 U.S.C. 1).

(c) RESTRICTIONS ON USE OF FUNDS-

(1) NONSUPPLANTING- Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act.

(2) ADMINISTRATIVE COSTS- A State may not use more than 3 percent of the funds it receives for administrative expenses pursuant to this section.

(d) REPORTS TO THE ATTORNEY GENERAL- Each State that receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report, at such time and in such manner as the Attorney General may reasonably require, which contains--

(1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and

(2) such other information as the Attorney General may require.

(e) REPORTS TO CONGRESS- Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to Congress a report that includes--

(1) the aggregate amount of grants made under this section to each State for such fiscal year; and

(2) a summary of the information provided by the States receiving grants under this section.

(f) EXPENDITURE RECORDS-

(1) IN GENERAL- Each State that receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section.

(2) ACCESS- Each State that receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant.

(g) DEFINITION- For purposes of this section, the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for each of the fiscal years through , such sums as may be necessary to carry out the provisions of this section.

SEC. 3. QUALITY ASSURANCE STANDARDS FOR FORENSIC EVIDENCE COLLECTION KITS.

Section 03 of the DNA Identification Act of (42 U.S.C. 1) is amended--

(1) in subsection (a)(1)(C)--

(A) by striking `including standards for testing' and inserting `including standards for--

`(i) testing';

(B) by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following new clause:

`(ii) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.'; and

(2) in subsection (a)(2)--

(A) by striking `including standards for testing' and inserting `including standards for--

`(A) testing';

(B) by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following new subparagraph:

`(B) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.'.

SEC. 4. AUTHORIZATION OF GRANTS TO CARRY OUT DNA ANALYSES OF SAMPLES FROM CRIME SCENES.

(a) AUTHORIZATION OF GRANTS- The Attorney General may make grants to eligible States for use by the State to carry out, for inclusion in the Combined DNA Index System of the Federal Bureau of Investigation, DNA analyses of samples from crime scenes.

(b) ELIGIBILITY- For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may require. The application shall--

(1) provide assurances that the State has a plan in place, to be fully effective not later than 5 years after the date of such application, under which, for each sample specified in subsection (a), DNA analysis is carried out on the sample not later than 10 days after the sample is obtained; and

(2) include a certification that each DNA analysis carried out under the plan shall be maintained pursuant to the privacy requirements described in section 04(b)(3) of the DNA Identification Act of (42 U.S.C. 2(b)(3)).

(c) RESTRICTIONS ON USE OF FUNDS-

(1) NONSUPPLANTING- Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act.

(2) ADMINISTRATIVE COSTS- A State may not use more than 3 percent of the funds it receives for administrative expenses pursuant to this section.

(d) REPORTS TO THE ATTORNEY GENERAL- Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains--

(1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and

(2) such other information as the Attorney General may require.

(e) REPORTS TO CONGRESS- Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to Congress a report that includes--

(1) the aggregate amount of grants made under this section to each State for such fiscal year; and

(2) a summary of the information provided by the States receiving grants under this section.

(f) EXPENDITURE RECORDS-

(1) IN GENERAL- Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section.

(2) ACCESS- Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant.

(g) DEFINITION- For purposes of this section, the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for each of the fiscal years through , such sums as may be necessary to carry out the provisions of this section.

Rape Kit DNA Analysis Backlog Elimination Act of (Senate version)
SB

107th CONGRESS

2d Session

S.

To provide additional resources to States to eliminate the backlog of unanalyzed rape kits and to ensure timely analysis of rape kits in the future.

IN THE SENATE OF THE UNITED STATES

April 25,

Mrs. CLINTON introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide additional resources to States to eliminate the backlog of unanalyzed rape kits and to ensure timely analysis of rape kits in the future.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Rape Kit DNA Analysis Backlog Elimination Act of '.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS- Congress finds the following:

(1) Every 2 minutes, somewhere in America, someone is sexually assaulted.

(2) The Department of Justice reports that in the year , there were an estimated 261,000 rapes and sexual assaults.

(3) The annual National Crime Victimization study consistently finds that only about 1/3 of the rapes in the United States are reported.

(4) According to the Bureau of Justice Statistics of the Department of Justice, in the year , 34 percent of female victims of rape or sexual assault reported that the offender was a stranger.

(5) According to the Department of Justice, DNA evidence is often recovered from crime scenes and can be crucial to the investigation of sexual assaults and other violent crimes.

(6) According to the Department of Justice, the importance of the role forensic DNA evidence plays in solving sexual assault and homicide cases cannot be overstated.

(7) A DNA profile from a crime scene can be entered into the Combined DNA Index System of the Federal Bureau of Investigation (known as CODIS), which allows agencies to match DNA profiles with other profiles entered into local, State, and national databases to identify a suspect or link serial crimes.

(8) A study commissioned by the National Institute of Justice estimated there was an annual backlog of 180,000 rape kits that have not been analyzed, and news reports indicate that the number of rape kits in the backlog may be as high as 500,000.

(9) Law enforcement officials using CODIS have matched unknown DNA evidence taken from crime scenes with known offender DNA profiles in the State and national DNA database 2,371 times.

(10) At least 100 inmates have been cleared and freed to date due to DNA testing.

(11) By convicting the guilty and freeing the innocent, DNA evidence truly serves the interests of justice.

(b) PURPOSE- The purpose of this Act is to provide adequate funding to ensure that the backlog of unanalyzed rape kits is eliminated.

SEC. 3. GRANTS FOR DNA ANALYSIS OF DNA SAMPLES FROM RAPE KITS.

Section 2 of the DNA Analysis Backlog Elimination Act of (42 U.S.C. 5) is amended--

(1) in subsection (a)(2), by inserting after `from crime scenes' the following: `, to eliminate the backlog in carrying out DNA analyses of samples from rape kits, and to ensure that DNA analyses of samples from rape kits are carried out in a timely manner in the future'; and

(2) in subsection (j)(2)--

(A) in subparagraph (C), by striking `$25,000,000' and inserting `$150,000,000'; and

(B) in subparagraph (D), by striking `$25,000,000' and inserting `$100,000,000'.

Rape Kit DNA Analysis Backlog Elimination Act (House version)
HR

107th CONGRESS

2d Session

H. R.

To provide additional resources to States to eliminate the backlog of unanalyzed rape kits and to ensure timely analysis of rape kits in the future.

IN THE HOUSE OF REPRESENTATIVES

MARCH 13,

Mr. NADLER (for himself, Mrs. MINK of Hawaii, Mrs. JONES of Ohio, and Mr. ANDREWS) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide additional resources to States to eliminate the backlog of unanalyzed rape kits and to ensure timely analysis of rape kits in the future.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Rape Kit DNA Analysis Backlog Elimination Act'.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS- The Congress finds the following:

(1) Every 2 minutes, somewhere in America, someone is sexually assaulted.

(2) The Department of Justice reports that in the year , there were an estimated 261,000 rapes and sexual assaults.

(3) The annual National Crime Victimization study consistently finds that only about one-third of rapes in the United States are reported.

(4) According to the Bureau of Justice Statistics of the Department of Justice, in the year , 34 percent of female victims of rape or sexual assault reported that the offender was a stranger.

(5) According to the Department of Justice, DNA evidence is often recovered from crime scenes and can be crucial to the investigation of sexual assaults and other violent crimes.

(6) According to the Department of Justice, the importance of the role forensic DNA evidence plays in solving sexual assault and homicide cases cannot be overstated.

(7) A DNA profile from a crime scene can be entered into the Combined DNA Index System of the Federal Bureau of Investigation (known as CODIS), which allows agencies to match DNA profiles with other profiles entered into local, State, and national databases to identify a suspect or link serial crimes.

(8) A study commissioned by the National Institute of Justice estimated there was an annual backlog of 180,000 rape kits that have not been analyzed, and news reports indicate that the number of rape kits in the backlog may be as high as 500,000.

(9) Law enforcement officials using CODIS have matched unknown DNA evidence taken from crime scenes with known offender DNA profiles in the State and national DNA database 2,371 times.

(10) At least 100 inmates have been cleared and freed to date due to DNA testing.

(11) By convicting the guilty and freeing the innocent, DNA evidence truly serves the interests of justice.

(b) PURPOSE- The purpose of this Act is to provide adequate funding to ensure that the backlog of unanalyzed rape kits is eliminated.

SEC. 3. GRANTS FOR DNA ANALYSIS OF DNA SAMPLES FROM RAPE KITS.

Section 2 of the DNA Analysis Backlog Elimination Act of (42 U.S.C. 5) is amended as follows:

(1) Subsection (a)(2) is amended by inserting after `from crime scenes' the following: `, to eliminate the backlog in carrying out DNA analyses of samples from rape kits, and to ensure that DNA analyses of samples from rape kits are timely carried out in the future'.

(2) Subsection (j)(2) is amended--

(A) in subparagraph (C), by striking `$25,000,000' and inserting `$150,000,000,'; and

(B) in subparagraph (D), by striking `$25,000,000' and inserting `$100,000,000,'.

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