S. 1339

Fairness for Rape Kit Backlog Survivors Act of 2021

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II

117th CONGRESS

1st Session

S. 1339

IN THE SENATE OF THE UNITED STATES

April 22, 2021

Ms. Cortez Masto (for herself and Mr. Toomey) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Victims of Crime Act of 1984 to ensure crime victims are not denied compensation because of rape kit backlogs, and for other purposes.

1.

Short title

This Act may be cited as the Fairness for Rape Kit Backlog Survivors Act of 2021.

2.

Crime victim compensation

Section 1403(b) of the Victims of Crime Act of 1984 (34 U.S.C. 20102(b)) is amended—

(1)

in paragraph (8), by striking and at the end;

(2)

by redesignating paragraph (9) as paragraph (10); and

(3)

by inserting after paragraph (8) the following:

(9)

beginning not later than 3 years after the date of enactment of this paragraph, such program—

(A)

provides a waiver for any application filing deadline imposed by the program for a crime victim if—

(i)

the crime victim is otherwise eligible for compensation; and

(ii)

the delay in filing the application was a result of a delay in the testing of, or a delay in the DNA profile matching from, a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense; and

(B)

does not require the crime victim to undergo an appeals process to have the application of the crime victim considered for a filing deadline waiver under subparagraph (A); and

.