An amendment numbered 20 printed in the Congressional Record to withhold 10 percent of a state's Byrne Grant and Local Government Law Enforcement Grant funds if the state fails to enact a law requiring those who have been accused of sex crimes to submit to an HIV test within 48 hours of such request.

1. Adds SEC. 5__. DEFENDANTS IN CERTAIN CRIMINAL CASES TO BE TESTED FOR HIV at the end of the bill

   Adds a section

   Inserted: SEC. 5__. DEFENDANTS IN CERTAIN CRIMINAL CASES TO BE TESTED FOR HIV.

   Inserted: (a) In General.--A jurisdiction shall have in effect laws or regulations with respect to a defendant against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity that require as follows:

   Inserted: (1) That the defendant be tested for HIV disease if--

   Inserted: (A) the nature of the alleged crime is such that the sexual activity would have placed the victim at risk of becoming infected with HIV; or

   Inserted: (B) the victim requests that the defendant be so tested.

   Inserted: (2) That if the conditions specified in paragraph (1) are met, the defendant undergo the test not later than 48 hours after the date on which the information or indictment is presented, and that as soon thereafter as is practicable the results of the test be made available to--

   Inserted: (A) the victim;

   Inserted: (B) the defendant (or if the defendant is a minor, to the legal guardian of the defendant);

   Inserted: (C) the attorneys of the victim;

   Inserted: (D) the attorneys of the defendant;

   Inserted: (E) the prosecuting attorneys; and

   Inserted: (F) the judge presiding at the trial, if any.

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   Inserted: (3) That if the defendant has been tested pursuant to paragraph (2), the defendant, upon request of the victim, undergo such follow-up tests for HIV as may be medically appropriate, and that as soon as is practicable after each such test the results of the test be made available in accordance with paragraph (1) (except that this paragraph applies only to the extent that the individual involved continues to be a defendant in the judicial proceedings involved, or is convicted in the proceedings).

   Inserted: (4) That, if the results of a test conducted pursuant to paragraph (2) or (3) indicate that the defendant has HIV disease, such fact may, as relevant, be considered in the judicial proceedings conducted with respect to the alleged crime.

   Inserted: (b) Failure to Comply.--

   Inserted: (1) In general.--For any fiscal year beginning 2 or more years after the date of the enactment of this Act, a jurisdiction that fails to implement this section shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the jurisdiction under each of the following programs:

   Inserted: (A) Byrne.--Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

   Inserted: (B) LLEBG.--The Local Government Law Enforcement Block Grants program.

   Inserted: (2) Reallocation.--Amounts not allocated under a program referred to in paragraph (1) to a jurisdiction for failure to fully implement this section shall be reallocated under that program to jurisdictions that have not failed to implement this section.

   Original wording

   At the end of the bill, add the following new section:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed