§ 10449. Rape exam payments

Footnotes

1. 1 So in original. 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. 1994

   Omnibus Crime Control and Safe Streets Act of 1968

   Pub. L. 90–351 title I § 2010 · 82 Stat. 197

   Enacted · 34 U.S.C. § 10449

   Pub. L. 90–351, title I, § 2010, formerly § 2005, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1914

   Source evidence

   Code source credit
   Pub. L. 90–351, title I, § 2010, formerly § 2005, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1914

2. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 title I § 101(f) · 119 Stat. 2960

   Added · 34 U.S.C. § 10449(c)

   Pub. L. 109–162 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–162 added subsec. (c).

   Enacted provision · exact public law section
   (f) Availability of Forensic Medical Exams.— Section 2010 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by adding at the end the following: “(c) Use of Funds.— A State or Indian tribal government may use Federal grant funds under this part to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement for such exams from their insurance carriers. “(d) Rule of Construction.— Nothing in this section shall be construed to permit a State, Indian tribal government, or territorial government to require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both. “(e) Judicial Notification.— “(1) In general.— A State or unit of local government shall not be entitled to funds under this part unless the State or unit of local government— “(A) Certification. certifies that its judicial administrative policies and practices include notification to domestic violence offenders of the requirements delineated in section 922(g)(8) and (g)(9) of title 18, United States Code, and any applicable related Federal, State, or local laws; or “(B) Deadline. gives the Attorney General assurances that its judicial administrative policies and practices will be in compliance with the requirements of subparagraph (A) within the later of— “(i) the period ending on the date on which the next session of the State legislature ends; or “(ii) 2 years. “(2) Redistribution.— Funds withheld from a State or unit of local government under subsection (a) shall be distributed to other States and units of local government, pro rata.” .

3. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 title I § 101(f) · 119 Stat. 2960

   Added · 34 U.S.C. § 10449(d)

   Pub. L. 109–162 added subsec. (d)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–162 added subsec. (d).

   Enacted provision · exact public law section
   (f) Availability of Forensic Medical Exams.— Section 2010 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by adding at the end the following: “(c) Use of Funds.— A State or Indian tribal government may use Federal grant funds under this part to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement for such exams from their insurance carriers. “(d) Rule of Construction.— Nothing in this section shall be construed to permit a State, Indian tribal government, or territorial government to require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both. “(e) Judicial Notification.— “(1) In general.— A State or unit of local government shall not be entitled to funds under this part unless the State or unit of local government— “(A) Certification. certifies that its judicial administrative policies and practices include notification to domestic violence offenders of the requirements delineated in section 922(g)(8) and (g)(9) of title 18, United States Code, and any applicable related Federal, State, or local laws; or “(B) Deadline. gives the Attorney General assurances that its judicial administrative policies and practices will be in compliance with the requirements of subparagraph (A) within the later of— “(i) the period ending on the date on which the next session of the State legislature ends; or “(ii) 2 years. “(2) Redistribution.— Funds withheld from a State or unit of local government under subsection (a) shall be distributed to other States and units of local government, pro rata.” .

4. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 title I § 101(f) · 119 Stat. 2960

   Added · 34 U.S.C. § 10449(e)

   Pub. L. 109–162 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 109–162 added subsec. (e).

   Enacted provision · exact public law section
   (f) Availability of Forensic Medical Exams.— Section 2010 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by adding at the end the following: “(c) Use of Funds.— A State or Indian tribal government may use Federal grant funds under this part to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement for such exams from their insurance carriers. “(d) Rule of Construction.— Nothing in this section shall be construed to permit a State, Indian tribal government, or territorial government to require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both. “(e) Judicial Notification.— “(1) In general.— A State or unit of local government shall not be entitled to funds under this part unless the State or unit of local government— “(A) Certification. certifies that its judicial administrative policies and practices include notification to domestic violence offenders of the requirements delineated in section 922(g)(8) and (g)(9) of title 18, United States Code, and any applicable related Federal, State, or local laws; or “(B) Deadline. gives the Attorney General assurances that its judicial administrative policies and practices will be in compliance with the requirements of subparagraph (A) within the later of— “(i) the period ending on the date on which the next session of the State legislature ends; or “(ii) 2 years. “(2) Redistribution.— Funds withheld from a State or unit of local government under subsection (a) shall be distributed to other States and units of local government, pro rata.” .

5. 2006

   Pub. L. 109–271 § 2(j) · 120 Stat. 750

   1. Amended · 34 U.S.C. § 10449(d)

      Pub. L. 109–271 designated existing provisions as par. (1)

   2. Inserted · 34 U.S.C. § 10449(d)

      Pub. L. 109–271 inserted par. heading

   3. Struck · 34 U.S.C. § 10449(d)

      Pub. L. 109–271 struck out “Nothing” before “in this section”

   4. Added · 34 U.S.C. § 10449(d)

      Pub. L. 109–271 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–271 designated existing provisions as par. (1), inserted par. heading, struck out “Nothing” before “in this section”, and added par. (2).

   Enacted provision · exact public law section
   (j) Alter Compliance Time for Forensic Exam Certification.— Section 2010(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4(d)) as added by section 101 of the Violence Against Women and Department of Justice Reauthorization Act of 2005, is amended by— (1) striking “Nothing” and inserting “(1) In general.—”; and (2) inserting at the end the following: “(2) Compliance period.— States, territories, and Indian tribal governments shall have 3 years from the date of enactment of the Violence Against Women and Department of Justice Reauthorization Act of 2005 to come into compliance with this subsection.” .

6. 2013

   Violence Against Women Reauthorization Act of 2013

   Pub. L. 113–4 § 101(4)(A) · 127 Stat. 54

   1. Added · 34 U.S.C. § 10449(a)(1)

      Pub. L. 113–4, § 101(4)(A), added par. (1)

   2. Struck · 34 U.S.C. § 10449(a)(1)

      Pub. L. 113–4, § 101(4)(A), struck out former par. (1). Prior to amendment, text read as follows: “A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this subchapter unless the State, Indian tribal government, unit of local government, or another governmental entity incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) of this section for victims of sexual assault.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 113–4, § 101(4)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this subchapter unless the State, Indian tribal government, unit of local government, or another governmental entity incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) of this section for victims of sexual assault.”

   Enacted provision · exact public law section
   (A) in subsection (a), by striking paragraph (1) and inserting the following: “(1) In general.— A State, Indian tribal government, or unit of local government shall not be entitled to funds under this subchapter unless the State, Indian tribal government, unit of local government, or another governmental entity— “(A) incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; and “(B) coordinates with health care providers in the region to notify victims of sexual assault of the availability of rape exams at no cost to the victims.” ;

   Effective date note
   Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

7. 2013

   Violence Against Women Reauthorization Act of 2013

   Pub. L. 113–4 § 101(4)(B) · 127 Stat. 54

   1. Inserted · 34 U.S.C. § 10449(b)

      Pub. L. 113–4, § 101(4)(B), inserted “or” after the semicolon in par. (1)

   2. Substituted · 34 U.S.C. § 10449(b)

      Pub. L. 113–4, § 101(4)(B), substituted a period for “; or” in par. (2)

   3. Struck · 34 U.S.C. § 10449(b)

      Pub. L. 113–4, § 101(4)(B), struck out par. (3) which related to reimbursement of victims for the cost of exams under certain conditions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 113–4, § 101(4)(B), inserted “or” after the semicolon in par. (1), substituted a period for “; or” in par. (2), and struck out par. (3) which related to reimbursement of victims for the cost of exams under certain conditions.

   Enacted provision · exact public law section
   (B) in subsection (b)— (i) in paragraph (1), by inserting “or” after the semicolon; (ii) in paragraph (2), by striking “; or” and inserting a period; and (iii) by striking paragraph (3); and

   Effective date note
   Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

8. 2013

   Violence Against Women Reauthorization Act of 2013

   Pub. L. 113–4 § 101(4)(C) · 127 Stat. 54

   Amended · 34 U.S.C. § 10449(d)

   Pub. L. 113–4, § 101(4)(C), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to a rule of construction and a compliance period

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–4, § 101(4)(C), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to a rule of construction and a compliance period.

   Enacted provision · exact public law section
   (C) by amending subsection (d) to read as follows: “(d) Noncooperation.— “(1) In general.— To be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with subsection (b) without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement. “(2) Compliance period.— States, territories, and Indian tribal governments shall have 3 years from the date of enactment of this Act to come into compliance with this section.” ; and

   Effective date note
   Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

13 of 14 references resolved to an enrolled provision · 1 partial