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S. 3207 (is) To amend the Consolidated Farm and Rural Development Act to authorize [Introduced in Senate] ...
106th CONGRESS 2d Session S. 3206 To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide additional protections to victims of rape. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 13 (legislative day, September 22), 2000 Mr. Abraham introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL 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) Sex Offender HIV Testing.-- ``(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 laws 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 a sexual act (as defined in subsection (f)(3)(B)), 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 act would have placed the victim at risk of becoming infected with HIV; and ``(ii) the victim requests the test. ``(B) That if the conditions specified in subparagraph (A) are met-- ``(i) the defendant undergo the test not later than-- ``(I) 48 hours after the date on which the information or indictment is presented; or ``(II) 48 hours after the request of the victim if that request is made after the date on which the information or indictment is presented; ``(ii) the results of the test shall be confidential except as provided in clause (iii) and except as otherwise provided under State law; and ``(iii) that as soon as is practicable the results of the test be made available to-- ``(I) the victim; and ``(II) the defendant (or if the defendant is a minor, to the legal guardian of the defendant). Nothing in this subparagraph shall be construed to bar a State from restricting the victim's disclosure of the defendant's test results to third parties as a condition of making such results available to the victim. ``(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). ``(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) Funding.--Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) in paragraph (25), by striking ``and'' after the semicolon; (2) in paragraph (26), by striking the period and inserting ``; and''; and (3) by inserting at the end the following: ``(27) programs to test defendants for HIV disease in accordance with the terms of subsection (g).''. (d) Effective Date.-- (1) Program.--The amendments made by subsections (a) and (b) shall take effect on the first day of the fiscal year succeeding the first fiscal year beginning 2 years after the date of the enactment of this Act. (2) Funding.--The amendment made by subsection (c) shall take effect on the date of enactment of this Act. <all>
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