H.R. 3088 (ih) To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide additional protections to victims of rape. [Introduced in House] ...

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106th CONGRESS

  2d Session

                               H. R. 3088

_______________________________________________________________________

                                 AN ACT

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
           provide additional protections to victims of rape.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 3088

_______________________________________________________________________

                                 AN ACT


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
           provide additional protections to victims of rape.

    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 ``Victims of Rape Health Protection 
Act''.

SEC. 2. BYRNE GRANT REDUCTION FOR NONCOMPLIANCE.

    (a) Grant Reduction for Noncompliance.--Section 506 of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) 
is amended by adding at the end the following:
    ``(g) Laws of Regulations.--
            ``(1) In general.--The funds available under this subpart 
        for a State shall be reduced by 10 percent and redistributed 
        under paragraph (2) unless the State demonstrates to the 
        satisfaction of the Director that the law or regulations of the 
        State with respect to a defendant against whom an information 
        or indictment is presented for a crime in which by force or 
        threat of force the perpetrator compels the victim to engage in 
        sexual activity, the State requires as follows:
                    ``(A) That the defendant be tested for HIV disease 
                if--
                            ``(i) the nature of the alleged crime is 
                        such that the sexual activity would have placed 
                        the victim at risk of becoming infected with 
                        HIV; or
                            ``(ii) the victim requests that the 
                        defendant be so tested.
                    ``(B) That if the conditions specified in 
                subparagraph (A) are met, the defendant undergo the 
                test not later than 48 hours after the date on which 
                the information or indictment is presented, and that as 
                soon thereafter as is practicable the results of the 
                test be made available to the victim; the defendant (or 
                if the defendant is a minor, to the legal guardian of 
                the defendant); the attorneys of the victim; the 
                attorneys of the defendant; the prosecuting attorneys; 
                and the judge presiding at the trial, if any.
                    ``(C) That if the defendant has been tested 
                pursuant to subparagraph (B), the defendant, upon 
                request of the victim, undergo such follow-up tests for 
                HIV as may be medically appropriate, and that as soon 
                as is practicable after each such test the results of 
                the test be made available in accordance with 
                subparagraph (B) (except that this subparagraph applies 
                only to the extent that the individual involved 
                continues to be a defendant in the judicial proceedings 
                involved, or is convicted in the proceedings).
                    ``(D) That, if the results of a test conducted 
                pursuant to subparagraph (B) or (C) indicate that the 
                defendant has HIV disease, such fact may, as relevant, 
                be considered in the judicial proceedings conducted 
                with respect to the alleged crime.
            ``(2) Redistribution.--Any funds available for 
        redistribution shall be redistributed to participating States 
        that comply with the requirements of paragraph (1).
            ``(3) Compliance.--The Attorney General shall issue 
        regulations to ensure compliance with the requirements of 
        paragraph (1).''.
    (b) Conforming Amendment.--Section 506(a) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 is amended by striking 
``subsection (f),'' and inserting ``subsections (f) and (g),''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of each fiscal year succeeding the first 
fiscal year beginning 2 years after the date of the enactment of this 
Act.

            Passed the House of Representatives October 2, 2000.

            Attest:

                                                                 Clerk.

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