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Fairness for Rape Kit Backlog Survivors Act of 2020

S. 4904 · 116th Congress · Nov 17, 2020 · Lineage

A BILL

To amend the Victims of Crime Act of 1984 to ensure crime victims are not denied compensation because of rape kit backlogs, and for other purposes.

Section 1 Short title

This Act may be cited as the “Fairness for Rape Kit Backlog Survivors Act of 2020”.

Sec. 2 Crime victim compensation

Section 1403(b) of the Victims of Crime Act of 1984 (34 U.S.C. 20102(b)) is amended—
(1)
in paragraph (8), by striking “and” at the end;
(2)
by redesignating paragraph (9) as paragraph (10); and
(3)
by inserting after paragraph (8) the following:

“(9) beginning not later than 3 years after the date of enactment of this paragraph, such program—

“(A) provides a waiver for any application filing deadline imposed by the program for a crime victim if—

“(i) the crime victim is otherwise eligible for compensation; and

“(ii) the delay in filing the application was a result of a delay in the testing or a delay in the DNA profile matching from a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense; and

“(B) does not require the crime victim to undergo an appeals process to have the application of the crime victim considered for a filing deadline waiver under subparagraph (A); and”