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U.S.
Code › Title 42 › Chapter
46 › Subchapter XII-H › § 3796gg–4

42 U.S. Code § 3796gg–4 - Rape exam
payments

US
Code

Notes

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§ 3796gg–4.

Rape exam payments

(a) Restriction of funds

(1) In generalA
State, Indian tribal government, or unit of local government shall not be
entitled to funds under this subchapter [1]
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) Redistribution

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) Medical costsA
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) Use of funds

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) Noncooperation

(1) In general

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) Compliance period

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) Judicial notification

(1) In generalA
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) Redistribution

Funds withheld from a State or unit of local government under subsection (a)
of this section shall be distributed to other States and units of local
government, pro rata.

(Pub.
L. 90–351, title I, § 2010, formerly § 2005, as added Pub.
L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108
Stat. 1914; renumbered § 2010, Pub.
L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116
Stat. 1789; amended Pub.
L. 108–405, title III, § 310(b), Oct.
30, 2004, 118
Stat. 2276; Pub.
L. 109–162, title I, § 101(f), Jan. 5,
2006, 119
Stat. 2974; Pub.
L. 109–271, § 2(j), Aug. 12,
2006, 120
Stat. 753; Pub.
L. 113–4, title I, § 101(4), Mar. 7,
2013, 127
Stat. 69.)

[1]
So in original. See References in Text note
below.

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.

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).

Effective
Date of 2013 Amendment

Amendment 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 Amendment

Amendment 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 3793 of this
title.

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