§ 3772. Sexual assault survivors’ rights

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   Survivors’ Bill of Rights Act of 2016

   Pub. L. 114–236 § 2(a) · 130 Stat. 966

   Enacted · 18 U.S.C. § 3772

   Added Pub. L. 114–236, § 2(a), Oct. 7, 2016, 130 Stat. 966

   Source evidence

   Code source credit
   Added Pub. L. 114–236, § 2(a), Oct. 7, 2016, 130 Stat. 966

   Enacted provision · exact public law section
   (a) In General.— Part II of title 18, United States Code, 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. “§ 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) 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) 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. “(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.” .

2. 2022

   Keeping Children Safe From Family Violence Act

   Pub. L. 117–103 div. W title XV § 1505 · 136 Stat. 49

   Added · 18 U.S.C. § 3772(a)(2)(D)

   Pub. L. 117–103 added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(D). Pub. L. 117–103 added subpar. (D).

   Enacted provision · exact public law section
   SEC. 1505. SEXUAL ASSAULT SURVIVORS’ RIGHTS.   Section 3772(a)(2) of title 18, United States Code, is amended— (1) in subparagraph (B), by striking “; and” and inserting a semicolon; (2) in subparagraph (C), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(D) be informed of the status and location of a sexual assault evidence collection kit.” .

   Effective date note
   Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

2 of 2 references resolved to an enrolled provision