On October 9, the Senate approved, by unanimous consent, a bill (H.R. 5107) that would incorporate the text of the Advancing Justice Through DNA Technology Act (H.R. 3214) and would grant specific rights to all victims of federal crimes. The House approved the measure on October 6 (see The Source, 10/8/04). It will now go to the White House for President Bush’s signature.
Sponsored by Rep. James Sensenbrenner (R-WI), the Justice for All Act would allow inmates access to post-conviction DNA testing and would include a number of provisions important to women.
H.R. 5107 would authorize $755 million over five years for the Debbie Smith DNA Backlog Grant Program. This program would provide grants to states and local authorities to eliminate the current backlog of over 300,000 rape kits, other sexual assault evidence, and samples taken in cases without an identified suspect currently awaiting DNA analysis in crime labs.
The bill would expand the Violence Against Women Act (VAWA) to provide legal assistance for victims of dating violence. The bill also would authorize grants to nonprofit, nongovernmental tribal domestic violence and sexual assault coalitions for programs under VAWA.
The measure would incorporate the text of the DNA Sexual Assault Justice Act (S. 152). Sponsored by Sen. Joe Biden (D-DE), this bill would provide grants for training and educating law enforcement, judicial authorities, and medical personnel on the use of DNA analysis in sexual assault cases.
Sen. Biden lauded inclusion of the DNA Sexual Assault Justice Act, stating, “There are over 800,000 so-called rape case kits sitting on shelves of the cities where you live and the States you represent. They have never been tested because of the cost of testing them. The bottom line is that an estimated 48 percent of outstanding rapes could be solved by just comparing the database that will come from testing these kits and the existing database in our State prison systems where DNA is already on the record. This will liberate thousands of women from the fear and concern that the man who raped them is out there and will be back again.”
H.R. 5107 would confer the following rights upon victims of federal crimes:
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The bill would authorize $11 million in FY2005 and $84 million for FY2006 through FY2009 for witness assistance programs, enhancement of the victim notification system at the Department of Justice, and for organizations that provide legal counsel and support services for victims in criminal cases. In addition, $31 million would be authorized for FY2005 through FY2009 for crime victim notification grants to state, tribal, and local prosecutors’ offices.
Focusing his comments on the right of crime victims to reasonable, accurate, and timely notice of any public proceeding involving the crime or of any release or escape of the accused, Sen. John Cornyn (R-TX) stated, “Too often crime victims have been unable to exercise their rights because they were not informed of the proceedings. Pleas and sentencing have all too frequently occurred without the victim ever knowing that they were taking place. Victims are the persons who are directly harmed by the crime and they have a stake in the criminal process because of that harm. Their lives are significantly altered by the crime and they have to live with the consequences for the rest of their lives. To deny them the opportunity to know of and be present at proceedings is counter to the fundamental principles of this country. It is simply wrong. Moreover, victim safety requires that notice of the release or escape of an accused from custody be made in a timely manner to allow the victim to make informed choices about his or her own safety.”
