§10449 — Title 34 Navy | U.S. Code

Summary

States, tribal governments, and local governments must pay the full out-of-pocket cost for forensic medical (rape) exams for sexual assault victims and must work with local health providers to tell victims these exams are available at no cost. A government meets the full-cost rule if it either provides the exams for free or arranges for victims to get them free. This must happen whether or not the victim reports the crime or helps police. Federal grant money can be used to pay for these exams, unless the government requires victims to seek reimbursement from their insurance. If a government does not follow these rules, it can lose its federal grant money. Money taken away is given to other eligible governments pro rata. States and tribal governments have 3 years from the law’s enactment to comply. States and local governments also must certify that their court systems notify domestic violence offenders about the federal gun-possession bars (18 U.S.C. 922(g)(8) and (g)(9)), or promise they will do so by the later of the end of the next state legislative session or 2 years; failure can cause funds to be withheld and redistributed pro rata.

Title 34, §10449

Navy — Source: USLM XML via OLRC

(a)(1)A State, Indian tribal government, or unit of local government shall not be entitled to funds under this subchapter 11 So in original. See References in Text note below. 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.

(2)Funds withheld from a State or unit of local government under paragraph (1) shall be distributed to other States or units of local government pro rata. Funds withheld from an Indian tribal government under paragraph (1) shall be distributed to other Indian tribal governments pro rata.

(b)A State, Indian tribal government, or unit of local government shall be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity—

(1)provides such exams to victims free of charge to the victim; or

(2)arranges for victims to obtain such exams free of charge to the victims.

(c)A State or Indian tribal government may use Federal grant funds under this subchapter 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)(1)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)States, territories, and Indian tribal governments shall have 3 years from the date of enactment of this Act 1 to come into compliance with this section.

(e)(1)A State or unit of local government shall not be entitled to funds under this subchapter unless the State or unit of local government—

(A)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 and any applicable related Federal, State, or local laws; or

(B)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (a)(1), was in the original “this subchapter”, and was translated as reading “this part”, meaning part T of title I of Pub. L. 90–351, to reflect the probable intent of Congress. The date of enactment of this Act, referred to in subsec. (d)(2), probably means the date of enactment of Pub. L. 113–4, which was approved Mar. 7, 2013. Codification Section was formerly classified to section 3796gg–4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2013—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.” 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. 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. 2006—Subsec. (c). Pub. L. 109–162 added subsec. (c). 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). Pub. L. 109–162 added subsec. (d). Subsec. (e). Pub. L. 109–162 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 AmendmentAmendment 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.

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as a note under section 10261 of this title.

§10449 Rape exam payments

Summary

Title 34, §10449

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Construction

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata