42-U.S.C.-3796GG-4
§3796Gg-4 – §3796Gg-4. Rape Exam Payments
Pathway
Title 42 > Chapter 46 > Subchapter XII-H > Section 3796gg-4
Details
- Reference: Section 3796gg-4
- Legend: §3796Gg-4 – §3796Gg-4. Rape Exam Payments
- USCode Year: 2011
Provision Content
(a) Restriction of funds
(1) In general
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.
(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 costs
A 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;
(2) arranges for victims to obtain such exams free of charge to the victims; or
(3) reimburses victims for the cost of such exams if—
(A) the reimbursement covers the full cost of such exams, without any deductible requirement or limit on the amount of a reimbursement;
(B) the reimbursing governmental entity permits victims to apply for reimbursement for not less than one year from the date of the exam;
(C) the reimbursing governmental entity provides reimbursement not later than 90 days after written notification of the victims expense; and
(D) the State, Indian tribal government, unit of local government, or reimbursing governmental entity provides information at the time of the exam to all victims, including victims with limited or no English proficiency, regarding how to obtain reimbursement.
(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) Rule of construction
(1) In general
in this section shall be construed to permit a State, Indian tribal government, or territorial government to require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both.
(2) Compliance period
States, territories, and Indian tribal governments shall have 3 years from January 5, 2006, to come into compliance with this subsection.
(e) Judicial notification
(1) In general
A 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.)
Amendments
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 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.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-3796EE-4 in the Legal Encyclopedia: Justice System
In this entry about 42-U.S.C.-3796EE-4, find legal reference material, bibliographies and premiere content related to justice system in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice system-specific issues, written by authorities in the field.
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