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34 U.S.C. § 20109 — Sexual assault survivors’ notification grants

submitted 10 years ago by Pub. L. 98-473 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 345 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General can fund state grants notifying sexual assault survivors of their rights. Rights include free evidence kits, forensic exams, advocates, and compensation. States must post this notice online and share it with hospitals and police.

(a) In general. The Attorney General can make grants, as allowed under section 20103(c)(1)(A) of this title, to states, so they can develop and distribute written notice of applicable rights and policies for sexual assault survivors to the entities described in subsection (c)(1).

(b) Notification of rights. Each grant recipient must make its best effort to ensure each entity described in subsection (c)(1) gives written notice — to survivors who identify as such and who agree to receive it — about: (1) the right not to be charged fees for, or blocked from, getting a sexual assault evidence collection kit; (2) the right to a sexual assault medical forensic exam whether or not the survivor reports to or cooperates with law enforcement; (3) the availability of a sexual assault advocate; (4) the availability of protective orders and how they're enforced; (5) the rules for storing, preserving, and disposing of sexual assault evidence collection kits; (6) whatever process exists to ask for a kit or its evidence to be preserved; and (7) the availability of victim compensation and restitution.

(c) Dissemination of written notice. Each grant recipient must: (1) give 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 (2) post the written notice publicly on the website of the state's attorney general.

(d) Provision to promote compliance. The Attorney General can give technical assistance and guidance to help recipients meet this section's requirements.

(e) Integration of systems. Any system built under this section can be combined with an existing case management system the recipient already runs, if it still meets the requirements listed in this section.

the actual law source: uscode.house.gov ↗public domain
(a) In general

The Attorney General may make grants as provided in section 20103(c)(1)(A) of this title 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, and any other State agency or department reasonably likely to serve sexual assault survivors; and

(2)

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.

Source credit: (Pub. L. 98–473, title II, § 1404F, as added Pub. L. 114–236, § 3, Oct. 7, 2016, 130 Stat. 967.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 98-473 · 130 Stat. 967

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 2016-10-07.

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