Federal Legislation of Interest – October 18, 2017

Megan Rodini Act

H.R. 3415 PRIMARY SPONSORS: Ted Poe (R-TX) and (D-NY) Number of co-sponsors: 6 (all Dems)

COMMENTS – The Megan Rodini Act would identify SAFE-Ready hospitals and require that patients are told where they can get such services when they go to any emergency room. After the patient is stabilized, the emergency room would then have to transfer the patient to a SAFE-Ready hospital if that is what the patient wishes.

The bill has not seen any movement in committee and will probably need additional republican support to do so. Given the tight schedule of Congress for the rest of this congressional session, it is very unlikely to go forward until next year. This provides time to request changes if needed.

How you can get involved If you support the bill, here are some options: • contact the primary sponsors of the bill and offer your formal support of the of the bill • send letters to all Members of the House urging their support of the bill • get involved with the coalition of organizations working on the bill • put information about the bill and its importance on your website • lobby in favor of the bill (if your funding permits)

If you have concerns about the bill, here are some options: • contact organizations who support the bill and ask questions about your concerns

DCCESV – Megan Rodini Act and SAFER Act 1

• ask to sit down with appropriate staff of the primary sponsors and have a conversation about your concerns • prepare a summary, position paper, or alternative version of the bill and provide it to the primary sponsors

BILL SUMMARY/ANALYSIS – The Megan Rodini Act would amend the Social Security Act to require the Secretary of Health and Human Services to designate hospitals as SAFE-Ready Hospitals if they employ or contract with a sexual assault forensic examiner or use a telemedicine system of sexual assault forensic examiners to provide consultation with a registered professional nurse or physician when conducting a sexual assault exam. HHS will put a list of all SAFE-Ready hospitals on a website and update it every year.

The bill, also, requires all emergency rooms to tell an individual whether the hospital is a SAFE- Ready hospital. If it is not, they must tell the individual where the closest SAFE-ready hospital is. They have to tell the individual that they can receive treatment there or be transferred to the SAFE-Ready hospital and they must contact the hospital where the patient is being transferred.

Referred to the Committee on Ways and Means (7/26/17) Referred to the Committee on Energy and Commerce (7/26/17) Referred to the Subcommittee on Health (7/28/17)

Sexual Assault Forensic Evidence Reporting Act of 2017 (SAFER Act)

H.R. 3541 PRIMARY SPONSORS: Ted Poe (R-TX) and Gwen Moore (D-WI) Number of co-sponsors: 0

COMMENTS – The SAFER Act would direct additional funding to State and local prosecution offices for cases where the suspect has been identified through DNA evidence. It, also, requires the Attorney General to focus more training and technical assistance on pediatric forensic exams.

Like the Megan Rodini Act, the bill has not seen any movement in committee. Given the tight schedule of Congress for the rest of this congressional session, it is very unlikely to go forward

DCCESV – Megan Rodini Act and SAFER Act 2 until next year. This provides time to request changes if needed. See the list of things you can do to get involved above.

BILL SUMMARY/ANALYSIS – This bill addresses DNA analysis of rape kits. The bill directs the National Institute of Justice to publish best practices on retention by Dec 1, 2018 and to update it every 5 years.

The bill, also, amends the Violence Against Women Act (VAWA) sexual assault forensic exam program, which provides training and technical assistance on collection and preservation of DNA evidence, to inform health-related entities that they can receive training on both adult and pediatric forensic procedures. It directs the Attorney General to emphasize training on the need for pediatric sexual assault nurse examiners in responding to both children and adolescents.

The bill amends the Debbie Smith DNA backlog grant program to add an addition purpose area for the grants. The grants are currently used to collect and analyze DNA samples. The new purpose area would be increasing the capacity of State and local prosecution offices to handle cases where the suspect has been identified through DNA evidence. It, also, requires that between 5% and 7% of the total grant awards go to this new purpose area unless doing so would decrease the amounts available for the other purpose areas. In other words, if the annual appropriation remains at the current level or goes down, this does not apply. It will only kick in if the annual appropriation goes up. The bill amends the Justice for All Reauthorization Act of 2016, which funds DNA rape kit backlog analyses, to use the same 5% to 7% formula change for the same purpose.

The bill, also, removes the sunset on the grants, making them available past December 31, 2018 without any end date.

Referred to the Committee on the Judiciary (7/28/17) Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations (7/28/17)

DCCESV – Megan Rodini Act and SAFER Act 3