18 U.S.C. § 3772 — Sexual assault survivors’ rights

Page 885 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3772 1 See References in Text note below. to a different time period for consideration’’ after ‘‘after the petition has been filed’’. Subsec. (e). Pub. L. 114–22, § 113(a)(3), substituted ‘‘For the purposes of this chapter:’’ for ‘‘For the purposes of this chapter, the term’’, designated remainder of exist- ing provisions as par. (2) and inserted par. heading, in par. (2), inserted subpar. (A) designation, heading, and ‘‘The term’’ before ‘‘ ‘crime victim’ means’’ and in- serted subpar. (B) designation and heading before ‘‘In the case’’, and added pars. (1) and (3). 2009—Subsec. (d)(5)(B). Pub. L. 111–16 substituted ‘‘14 days’’ for ‘‘10 days’’. 2006—Subsec. (b). Pub. L. 109–248 designated existing provisions as par. (1), inserted heading, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–22, title I, § 113(c)(2), May 29, 2015, 129 Stat. 241, provided that: ‘‘The amendment made by para- graph (1) [amending this section] shall apply with re- spect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act [May 29, 2015].’’ EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–405, title I, § 101, Oct. 30, 2004, 118 Stat. 2261, provided that: ‘‘This title [enacting this chapter and sections 10603d and 10603e of Title 42, The Public Health and Welfare, repealing section 10606 of Title 42, and enacting provisions set out as a note under this section] may be cited as the ‘Scott Campbell, Steph- anie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act’.’’ REPORTS ON ASSERTION OF CRIME VICTIMS’ RIGHTS IN CRIMINAL CASES Pub. L. 108–405, title I, § 104(a), Oct. 30, 2004, 118 Stat. 2265, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Oct. 30, 2004] and annu- ally thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is as- serted in a criminal case and the relief requested is de- nied and, with respect to each such denial, the reason for such denial, as well as the number of times a man- damus action is brought pursuant to chapter 237 of title 18, and the result reached.’’ CHAPTER 238—SEXUAL ASSAULT SURVIVORS’ RIGHTS Sec. 3772. Sexual assault survivors’ rights. § 3772. Sexual assault survivors’ rights (a) RIGHTS OF SEXUAL ASSAULT SURVIVORS.—In addition to those rights provided in section 3771, a sexual assault survivor has the following rights: (1) The right not to be prevented from, or charged for, receiving a medical forensic ex- amination. (2) The right to— (A) subject to paragraph (3), have a sexual assault evidence collection kit or its pro- bative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter; (B) be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a med- ical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; (C) be informed in writing of policies gov- erning the collection and preservation of a sexual assault evidence collection kit; and (D) be informed of the status and location of a sexual assault evidence collection kit. (3) The right to— (A) upon written request, receive written notification from the appropriate official with custody not later than 60 days before the date of the intended destruction or dis- posal; and (B) upon written request, be granted fur- ther preservation of the kit or its probative contents. (4) The right to be informed of the rights under this subsection. (b) APPLICABILITY.—Subsections (b) through (f) of section 3771 shall apply to sexual assault sur- vivors. (c) DEFINITION OF SEXUAL ASSAULT.—In this section, the term ‘‘sexual assault’’ means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. (d) FUNDING.—This section, other than para- graphs (2)(A) and (3)(B) of subsection (a), shall be carried out using funds made available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)).1 No addi- tional funds are authorized to be appropriated to carry out this section. (Added Pub. L. 114–236, § 2(a), Oct. 7, 2016, 130 Stat. 966; amended Pub. L. 117–103, div. W, title XV, § 1505, Mar. 15, 2022, 136 Stat. 956.) Editorial Notes REFERENCES IN TEXT Section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984, referred to in subsec. (d), is section 1402(d)(3)(A)(i) of chapter XIV of title II of Pub. L. 98–473, which was classified to section 10601(d)(3)(A)(i) of Title 42, The Public Health and Welfare, prior to editorial reclassi- fication as section 20101(d)(3)(A)(i) of Title 34, Crime Control and Law Enforcement. PRIOR PROVISIONS A prior section 3772, acts June 25, 1948, ch. 645, 62 Stat. 846; May 24, 1949, ch. 139, § 60, 63 Stat. 98; July 7, 1958, Pub. L. 85–508, § 12(l), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, § 14(h), 73 Stat. 11; Oct. 12, 1984, Pub. L. 98–473, title II, § 206, 98 Stat. 1986, related to procedure after verdict, prior to repeal by Pub. L. 100–702, title IV, §§ 404(a), 407, Nov. 19, 1988, 102 Stat. 4651, 4652, effective Dec. 1, 1988. AMENDMENTS 2022—Subsec. (a)(2)(D). Pub. L. 117–103 added subpar. (D). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, Page 886 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4001 see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. PART III—PRISONS AND PRISONERS Chap. Sec. 301. General provisions .............................. 4001 303. Bureau of Prisons ............................... 4041 305. Commitment and transfer ................ 4081 306. Transfer to or from foreign coun- tries ..................................................... 4100 307. Employment .......................................... 4121 [309. Repealed.] [311. Repealed.] 313. Offenders with mental disease or defect .................................................. 4241 [314. Repealed.] 315. Discharge and release payments .... 4281 317. Institutions for women ...................... 4321 319. National Institute of Corrections ... 4351 Editorial Notes AMENDMENTS 1990—Pub. L. 101–647, title XXXV, § 3597, Nov. 29, 1990, 104 Stat. 4931, added items 306 and 319. 1984—Pub. L. 98–473, title II, § 218(d), Oct. 12, 1984, 98 Stat. 2027, in items 309, 311, and 314 substituted ‘‘Re- pealed’’ for ‘‘Good time allowances’’, ‘‘Parole’’, and ‘‘Narcotic addicts’’, respectively. Pub. L. 98–473, title II, § 403(b), Oct. 12, 1984, 98 Stat. 2067, substituted ‘‘Offenders with mental disease or de- fect’’ for ‘‘Mental defectives’’ in item 313. 1966—Pub. L. 89–793, title VI, § 603, Nov. 8, 1966, 80 Stat. 1450, added item 314. CHAPTER 301—GENERAL PROVISIONS Sec. 4001. Limitation on detention; control of prisons. 4002. Federal prisoners in State institutions; em- ployment. 4003. Federal institutions in States without appro- priate facilities. 4004. Oaths and acknowledgments. 4005. Medical relief; expenses. 4006. Subsistence for prisoners. 4007. Expenses of prisoners. 4008. Transportation expenses. 4009. Appropriations for sites and buildings. 4010. Acquisition of additional land. 4011. Disposition of cash collections for meals, laundry, etc. 4012. Summary seizure and forfeiture of prison con- traband. 4013. Support of United States prisoners in non- Federal institutions. 4014. Testing for human immunodeficiency virus. Editorial Notes AMENDMENTS 1998—Pub. L. 105–370, § 2(b), Nov. 12, 1998, 112 Stat. 3375, added item 4014. 1988—Pub. L. 100–690, title VII, § 7608(d)(2), Nov. 18, 1988, 102 Stat. 4517, added item 4013. 1984—Pub. L. 98–473, title II, § 1109(e), Oct. 12, 1984, 98 Stat. 2148, added item 4012. 1971—Pub. L. 92–128, § 1(c), Sept. 25, 1971, 85 Stat. 347, substituted ‘‘Limitation on detention; control of pris- ons’’ for ‘‘Control by Attorney General’’ in item 4001. 1966—Pub. L. 89–554, § 3(e), Sept. 6, 1966, 80 Stat. 610, added items 4010 and 4011. § 4001. Limitation on detention; control of pris- ons (a) No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress. (b)(1) The control and management of Federal penal and correctional institutions, except mili- tary or naval institutions, shall be vested in the Attorney General, who shall promulgate rules for the government thereof, and appoint all nec- essary officers and employees in accordance with the civil-service laws, the Classification Act, as amended, and the applicable regulations. (2) The Attorney General may establish and conduct industries, farms, and other activities and classify the inmates; and provide for their proper government, discipline, treatment, care, rehabilitation, and reformation. (June 25, 1948, ch. 645, 62 Stat. 847; Pub. L. 92–128, § 1(a), (b), Sept. 25, 1971, 85 Stat. 347.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1934 ed., §§ 741 and 753e (Mar. 3, 1891, ch. 529, §§ 1, 4, 26 Stat. 839; May 14, 1930, ch. 274, § 6, 46 Stat. 326). This section consolidates said sections 741 and 753e with such changes of language as were necessary to ef- fect consolidation. ‘‘The Classification Act, as amended,’’ was inserted more clearly to express the existing procedure for ap- pointment of officers and employees as noted in letter of the Director of Bureau of Prisons, June 19, 1944. Editorial Notes REFERENCES IN TEXT The Classification Act, as amended, referred to in subsec. (b)(1), originally was the Classification Act of 1923, Mar. 4, 1923, ch. 265, 42 Stat. 1488, which was re- pealed by section 1202 of the Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 972. Section 1106(a) of the 1949 Act provided that references in other laws to the Classification Act of 1923 shall be held and considered to mean the Classification Act of 1949. The Classifica- tion Act of 1949 was in turn repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as chapter 51 and subchapter III of chapter 53 of Title 5. AMENDMENTS 1971—Pub. L. 92–128, § 1(b), substituted ‘‘Limitation on detention; control of prisons’’ for ‘‘Control by Attorney General’’ in section catchline. Subsec. (a). Pub. L. 92–128, § 1(a), added subsec. (a). Subsec. (b). Pub. L. 92–128, § 1(a), designated existing first and second pars. as pars. (1) and (2) of subsec. (b). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–294, § 1, Oct. 12, 2000, 114 Stat. 1038, pro- vided that: ‘‘This Act [enacting section 4048 of this title and amending section 4013 of this title] may be cited as the ‘Federal Prisoner Health Care Copayment Act of 2000’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–370, § 1, Nov. 12, 1998, 112 Stat. 3374, pro- vided that: ‘‘This Act [enacting section 4014 of this title and provisions set out as a note under section 4042 of this title] may be cited as the ‘Correction Officers Health and Safety Act of 1998’.’’ RESEARCH AND REPORT ON WOMEN IN FEDERAL INCARCERATION Pub. L. 117–103, div. W, title X, § 1003, Mar. 15, 2022, 136 Stat. 917, provided that: ‘‘Not later than 18 months