[114th Congress Public Law 236]
[From the U.S. Government Publishing Office]
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SURVIVORS' BILL OF RIGHTS ACT OF 2016
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Public Law 114-236
114th Congress
An Act
To establish certain rights for sexual assault survivors, and for other
purposes. <<NOTE: Oct. 7, 2016 - [H.R. 5578]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Survivors' Bill
of Rights Act of 2016.>>
SECTION 1. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This Act may be cited as the ``Survivors' Bill of Rights Act of
2016''.
SEC. 2. SEXUAL ASSAULT SURVIVORS' RIGHTS.
(a) In General.--Part II of title 18, United States Code, <<NOTE: 18
USC 3772 prec.>> is amended by adding after chapter 237 the following:
``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS
``Sec.
``3772. Sexual assault survivors' rights.
``Sec. 3772. <<NOTE: 18 USC 3772.>> Sexual assault survivors'
rights
``(a) Rights of Sexual Assault Survivors.--In addition to those
rights provided in section 3771, a sexual assault survivor has the
following rights:
``(1) The right not to be prevented from, or charged for,
receiving a medical forensic examination.
``(2) The right to--
``(A) <<NOTE: Time period.>> 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;
``(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
``(C) be informed in writing of policies governing
the collection and preservation of a sexual assault
evidence collection kit.
``(3) The right to--
``(A) <<NOTE: Notification. Deadline.>> 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
``(B) upon written request, be granted further
preservation of the kit or its probative contents.
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``(4) The right to be informed of the rights under this
subsection.
``(b) Applicability.--Subsections (b) through (f) of section 3771
shall apply to sexual assault survivors.
``(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.
``(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.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part II of title 18, United States <<NOTE: 18 USC 3001 prec.>> Code, is
amended by adding at the end the following:
``238. Sexual assault survivors' rights..........................3772''.
(c) Amendment to Victims of Crime Act of 1984.--Section
1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(3)(A)(i)) is amended by inserting after ``section 3771'' the
following: ``or section 3772, as it relates to direct services,''.
SEC. 3. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
The Victims of Crime Act of 1984 is amended by adding after section
1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. <<NOTE: 42 USC 10603f.>> SEXUAL ASSAULT SURVIVORS'
NOTIFICATION GRANTS.
``(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.
``(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--
``(1) the right not to be charged fees for or otherwise
prevented from pursuing a sexual assault evidence collection
kit;
``(2) the right to have a sexual assault medical forensic
examination regardless of whether the survivor reports to or
cooperates with law enforcement;
``(3) the availability of a sexual assault advocate;
``(4) the availability of protective orders and policies
related to their enforcement;
``(5) policies regarding the storage, preservation, and
disposal of sexual assault evidence collection kits;
``(6) the process, if any, to request preservation of sexual
assault evidence collection kits or the probative evidence from
such kits; and
``(7) the availability of victim compensation and
restitution.
``(c) Dissemination of Written Notice.--Each recipient of a grant
awarded under subsection (a) shall--
``(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,
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and any other State agency or department reasonably likely to
serve sexual assault survivors; and
``(2) <<NOTE: Public information. Web posting.>> make the
written notice described in subsection (b) publicly available on
the Internet website of the attorney general of the State.
``(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.
``(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.''.
SEC. 4. <<NOTE: Establishment.>> WORKING GROUP.
(a) <<NOTE: Consultation. 42 USC 14043g-1.>> In General.--The
Attorney General, in consultation with the Secretary of Health and Human
Services (referred to in this section as the ``Secretary''), shall
establish a joint working group (referred to in this section as the
``Working Group'') to develop, coordinate, and disseminate best
practices regarding the care and treatment of sexual assault survivors
and the preservation of forensic evidence.
(b) Consultation With Stakeholders.--The Working Group shall consult
with--
(1) stakeholders in law enforcement, prosecution, forensic
laboratory, counseling, forensic examiner, medical facility, and
medical provider communities; and
(2) representatives of not less than 3 entities with
demonstrated expertise in sexual assault prevention, sexual
assault advocacy, or representation of sexual assault victims,
of which not less than 1 representative shall be a sexual
assault victim.
(c) Membership.--The Working Group shall be composed of governmental
or nongovernmental agency heads at the discretion of the Attorney
General, in consultation with the Secretary.
(d) Duties.--The Working Group shall--
(1) <<NOTE: Recommenda- tions.>> develop recommendations
for improving the coordination of the dissemination and
implementation of best practices and protocols regarding the
care and treatment of sexual assault survivors and the
preservation of evidence to hospital administrators, physicians,
forensic examiners, and other medical associations and leaders
in the medical community;
(2) encourage, where appropriate, the adoption and
implementation of best practices and protocols regarding the
care and treatment of sexual assault survivors and the
preservation of evidence among hospital administrators,
physicians, forensic examiners, and other medical associations
and leaders in the medical community;
(3) <<NOTE: Recommenda- tions.>> develop recommendations to
promote the coordination of the dissemination and implementation
of best practices regarding the care and treatment of sexual
assault survivors and the preservation of evidence to State
attorneys general, United States attorneys, heads of State law
enforcement agencies, forensic laboratory directors and
managers, and other leaders in the law enforcement community;
(4) develop and implement, where practicable, incentives to
encourage the adoption or implementation of best practices
regarding the care and treatment of sexual assault survivors and
the preservation of evidence among State attorneys general,
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United States attorneys, heads of State law enforcement
agencies, forensic laboratory directors and managers, and other
leaders in the law enforcement community;
(5) collect feedback from stakeholders, practitioners, and
leadership throughout the Federal and State law enforcement,
victim services, forensic science practitioner, and health care
communities to inform development of future best practices or
clinical guidelines regarding the care and treatment of sexual
assault survivors; and
(6) perform other activities, such as activities relating to
development, dissemination, outreach, engagement, or training
associated with advancing victim-centered care for sexual
assault survivors.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Working Group shall submit to the Attorney General, the
Secretary, and Congress a report containing the findings and recommended
actions of the Working Group.
Approved October 7, 2016.
LEGISLATIVE HISTORY--H.R. 5578:
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HOUSE REPORTS: No. 114-707, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Sept. 6, considered and passed House.
Sept. 28, considered and passed Senate.
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