Page:United States Statutes at Large Volume 108 Part 3.djvu/385

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 2137 i "(4) contact between the genitals or anus of the defendant and any part of the body of a child; "(5) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child; or "(6) an attempt or conspiracy to engage in conduct described in paragraphs (IMS). Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation "(a) In a civil case in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault or child molestation, evidence of that party's commission of another offense or offenses of sexual assault or child molestation is admissible and may be considered as provided in Rule 413 and Rule 414 of these rules. "(b) A party who intends to offer evidence under this Rule shall disclose the evidence to the party against whom it will be offered, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause. "(c) This rule shall not be construed to limit the admission or consideration of evidence under any other rule." (b) IMPLEMENTATION.— The amendments made by subsection (a) shall become effective pursuant to subsection (d). (c) RECOMMENDATIONS BY JUDICIAL CONFERENCE. —Not later than 150 days after the date of enactment of this Act, the Judicial Conference of the United States shall transmit to Congress a report containing recommendations for amending the Federal Rules of Evidence as they affect the admission of evidence of a defendant's prior sexual assault or child molestation crimes in cases involving sexual assault and child molestation. The Rules Enabling Act shall not apply to the recommendations made by the Judicial Conference pursuant to this section. (d) CONGRESSIONAI. ACTION. — (1) If the recommendations described in subsection (c) are the same as the amendment made by subsection (a), then the amendments made by subsection (a) shall become effective 30 days Eifter the transmittal of the recommendations. (2) If the recommendations described in subsection (c) are different than the amendments made by subsection (a), the amendments made by subsection (a) shall become effective 150 days after the transmittal of the recommendations unless otherwise provided by law. (3) If the Judicial Conference fails to comply with subsection (c), the amendments made by subsection (a) shall become effective 150 days after the date the recommendations were due under subsection (c) unless otherwise provided by law. (e) APPLICATION. —The amendments made by subsection (a) shall apply to proceedings commenced on or after the effective date of such amendments. Reports. Effective date. 79-194 O—95—13: QL 3 Part 3

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