U.S. Code
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Title 18
» Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 238— SEXUAL ASSAULT SURVIVORS’ RIGHTS
18 U.S.C. § 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 examination.(2) The right to—(A) subject to paragraph (3), have a sexual assault evidence collection kit or its probative 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 medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation;(C) be informed in writing of policies governing 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 disposal; and(B) upon written request, be granted further 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 survivors.(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 paragraphs (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)).11 See References in Text note below. No additional 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 NotesReferences in TextSection 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 reclassification as section 20101(d)(3)(A)(i) of Title 34, Crime Control and Law Enforcement.
Prior ProvisionsA 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.
Amendments2022—Subsec. (a)(2)(D). Pub. L. 117–103 added subpar. (D).
Statutory Notes and Related SubsidiariesEffective Date of 2022 AmendmentAmendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, 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.
Notes of Decisions
United States v. Robinson, 361 U.S. 220 (1960).
· cites it 2× “2047, 72d Cong., 2d Sess., to accompany S. 4020. The first Criminal Appeals Rules promulgated under that Act were the 13 Rules effective September 1, 1934.”
Georgia v. Rachel, 384 U.S. 780 (1966).
· cites it 2× “904 , as amended, 18 U. S. C. § 3772 (1964 ed.). See 327 U.”
United States v. Henry, 709 F.2d 298 (5th Cir. 1983).
· cites it 5× “399 (current and virtually unamended version at 18 U.S.C. § 3772 (1976)), which, unlike many rules enabling acts, authorizes the Supreme Court to put postverdict procedural rules into immediate effect without first submitting them to Congress for approval or possible veto.”
Robert Bruce Furman v. United States, 720 F.2d 263 (2d Cir. 1983).
· cites it 2× “Rule 36 of the Federal Rules of Appellate Procedure, adopted pursuant in part to 18 U.S.C. § 3772 , expressly contemplates that some appeals will be decided without an opinion.”
United States v. Brett C. Kimberlin, 776 F.2d 1344 (7th Cir. 1985).
“§ 3772 (1976), the Congress gave the Supreme Court of the United States power to prescribe “rules of practice and procedure with respect to any or all proceedings after verdict____” Further, this section provides that the "Supreme Court may fix the dates when such rules shall…”
United States v. Sine, 461 F. Supp. 565 (D.S.C. 1978).
· cites it 2× “The court reflects that the constitutional right to bail is lost after conviction, that there is no constitutional right to appeal, but there is a statutory right to appeal; since there is no constitutional right to appeal, there is no constitutional right to be free pending an…”
In Re Grand Jury Proceedings, 616 F.3d 1186 (10th Cir. 2010).
“From 1948 to 1988, 18 U.S.C. § 3772 authorized the Supreme Court to prescribe “rules of practice and procedure.”
Doherty v. United States, 404 U.S. 28 (1971).
· cites it 2× “904 , now codified as amended, 18 U. S. C. § 3772 . These early rules did not address the issue of indigents' representation on appeal of convictions.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.