S.Amdt. 4012
What it does: Inserts new text on page 298, line 25What it changes
1 change to S. 1200
Inserts new text on page 298, line 25
InsertsPrinted pageInserted: (e) Speedy Notice to Rape and Sexual Assault Victims.--The Secretary shall withhold from a Service Area carrying out a program under this section an amount equal to 10 percent of the amount allocated for the program until the date on which the Secretary, in consultation with the Attorney General, determines that, with respect to the Service Area--
Inserted: (1)(A) there exists and is enforced a law or regulation that requires--
Inserted: (i) at the request of a victim, the administration to a defendant, against whom an information or indictment is presented for a crime in which, by force or threat of force, the defendant compels the victim to engage in sexual activity, of a test for the human immunodeficiency virus (HIV) and such other sexually transmitted diseases as are requested by the victim not later than 48 hours after the date on which the information or indictment is presented;
Inserted: (ii) a notification of the test results to be provided to the victim or the parent or guardian of the victim and the defendant as soon as practicable after the results are generated; and
Inserted: (iii) such follow-up tests for HIV and other sexually transmitted diseases as are medically appropriate, with the test results made available in accordance with clause (ii); or
Inserted: (B) a law or regulation described in subparagraph (A) will be established and enforced in the Service Area by not later than 1 year after the date of enactment of the Indian Health Care Improvement Act Amendments of 2008; and
Inserted: (2) pursuant to subsection (a), HIV and other sexually transmitted disease testing, treatment, and counseling is provided for victims of sexual abuse.
Original wording
On page 298, after line 25, add the following:
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As printed
SA 4012. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1200, to amend the Indian Health Care Improvement Act to revise and extend the Act; which was ordered to lie on the table; as follows:
On page 298, after line 25, add the following:
“(e) Speedy Notice to Rape and Sexual Assault Victims.--The Secretary shall withhold from a Service Area carrying out a program under this section an amount equal to 10 percent of the amount allocated for the program until the date on which the Secretary, in consultation with the Attorney General, determines that, with respect to the Service Area--
“(1)(A) there exists and is enforced a law or regulation that requires--
“(i) at the request of a victim, the administration to a defendant, against whom an information or indictment is presented for a crime in which, by force or threat of force, the defendant compels the victim to engage in sexual activity, of a test for the human immunodeficiency virus (HIV) and such other sexually transmitted diseases as are requested by the victim not later than 48 hours after the date on which the information or indictment is presented;
“(ii) a notification of the test results to be provided to the victim or the parent or guardian of the victim and the defendant as soon as practicable after the results are generated; and
“(iii) such follow-up tests for HIV and other sexually transmitted diseases as are medically appropriate, with the test results made available in accordance with clause (ii); or
“(B) a law or regulation described in subparagraph (A) will be established and enforced in the Service Area by not later than 1 year after the date of enactment of the Indian Health Care Improvement Act Amendments of 2008; and
“(2) pursuant to subsection (a), HIV and other sexually transmitted disease testing, treatment, and counseling is provided for victims of sexual abuse.
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Senate amendment submitted
February 7, 2008