Page:United States Statutes at Large Volume 119.djvu/2995

 PUBLIC LAW 109–162—JAN. 5, 2006

119 STAT. 2977

‘‘(12) To develop, enhance, and maintain protection order registries. ‘‘(13) To develop human immunodeficiency virus (HIV) testing programs for sexual assault perpetrators and notification and counseling protocols.’’; (3) in subsection (c)— (A) in paragraph (3), by striking ‘‘and’’ after the semicolon; (B) in paragraph (4), by striking the period and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(5) certify that, not later than 3 years after the date of enactment of this section, their laws, policies, or practices will ensure that— ‘‘(A) no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense; and ‘‘(B) the refusal of a victim to submit to an examination described in subparagraph (A) shall not prevent the investigation of the offense.’’; and (4) by striking subsections (d) and (e) and inserting the following: ‘‘(d) SPEEDY NOTICE TO VICTIMS.—A State or unit of local government shall not be entitled to 5 percent of the funds allocated under this part unless the State or unit of local government— ‘‘(1) certifies that it has a law or regulation that requires— ‘‘(A) the State or unit of local government at the request of a victim to administer to a defendant, against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity, testing for the immunodeficiency virus (HIV) not later than 48 hours after the date on which the information or indictment is presented; ‘‘(B) as soon as practicable notification to the victim, or parent and guardian of the victim, and defendant of the testing results; and ‘‘(C) follow-up tests for HIV as may be medically appropriate, and that as soon as practicable after each such test the results be made available in accordance with subparagraph (B); or ‘‘(2) gives the Attorney General assurances that it laws and regulations will be in compliance with requirements of paragraph (1) within the later of— ‘‘(A) the period ending on the date on which the next session of the State legislature ends; or ‘‘(B) 2 years. ‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—Not less than 10 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.’’. (c) APPLICATIONS.—Section 2102(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–1(b)) is

VerDate 14-DEC-2004

07:21 Oct 30, 2006

Jkt 039194

PO 00003

Frm 00445

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.119

HIV.

Certification. Deadline.

Certification. HIV. Deadline.

Deadline.

APPS06

PsN: PUBL003

�