S. 2613 — what changed

added “238 Sexual assault survivors’ rights

added “3772. Sexual assault survivors' rights

added “(a) Rights of sexual assault survivors—In addition to those rights provided in section 3771, a sexual assault survivor has the following rights:

added “(1) The right not to be prevented from, or charged for, receiving a medical forensic examination.

added “(2) The right to—

added “(A) 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;

added “(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

added “(C) be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.

added “(3) The right, if the Government intends to destroy or dispose of a sexual assault evidence collection kit or its probative contents before the expiration of the applicable time period under paragraph (2)(A), to—

added “(A) 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

added “(B) upon written request, be granted further preservation of the kit or its probative contents.

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

added “(b) Applicability—Subsections (b) through (f) of section 3771 shall apply to sexual assault survivors.

added “(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.

added “(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.”

added The Victims of Crime Act of 1984 is amended by adding after section 1404E (42 U.S.C. 10603e) the following:

added “1404F. Sexual assault survivors’ notification grants

added “(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.

added “(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—

added “(1) the right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit;

added “(2) the right to have a sexual assault medical forensic examination regardless of whether the survivor reports to or cooperates with law enforcement;

added “(3) the availability of a sexual assault advocate;

added “(4) the availability of protective orders and policies related to their enforcement;

added “(5) policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits;

added “(6) the process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits; and

added “(7) the availability of victim compensation and restitution.

added “(c) Dissemination of written notice—Each recipient of a grant awarded under subsection (a) shall—

added “(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, and any other State agency or department reasonably likely to serve sexual assault survivors; and

added “(2) make the written notice described in subsection (b) publicly available on the Internet website of the attorney general of the State.

added “(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.

added “(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.”

added Section 2255(b) of title 18, United States Code, is amended—