Issue Position: Judiciary

Issue Position

Date: Jan. 1, 2016
Issues: Judicial Branch

It is important for any civil society to maintain an effective, responsive and well-managed legal system that protects people's rights and safety. Despite some progress, the U.S. still has much work to do to address systemic problems within our justice system. The federal government must do its part to not only safeguard our communities, but to make sure our justice system is even-handed and responsive to the needs of all Americans.

Select Highlight

Reducing the National Rape Kit Backlog: Congresswoman Maloney authored the Debbie Smith Act to help reduce the backlog of untested DNA rape kits. First passed into law in 2004, this bill has been lauded "as the most important anti-rape legislation ever signed into law," by the head of the Rape, Abuse, and Incest National Network.

Congresswoman Maloney first met Debbie Smith in June 2001 at an Oversight and Government Reform Committee hearing on DNA rape evidence. Debbie was raped near her home in 1989, and for six and a half years she lived in fear that her attacker would return to kill her. Debbie was finally able to live without fear when she learned that her rapist had been identified because of DNA evidence and was already in prison. Maloney authored "The Debbie Smith Act" in the 107th Congress to provide grants to local law enforcement to process their DNA rape kit backlog.

In 2004 the Debbie Smith Act was signed into law as part of the Justice for All Act (P.L. 108-405). It has since been reauthorized as standalone legislation in 2008, and again in 2014, when it was extended for another 5 years, through fiscal year 2019 (P.L. 113-182).

In 2013 Congresswoman Maloney co-authored the Sexual Assault Forensic Reporting Act (SAFER Act, H.R. 354 in the 113th Congress) to require that 75 percent of Debbie Smith Act funds be used to process the backlog of untested DNA kits. This bill was eventually included in the reauthorization of the Violence Against Women Act, which was signed into law by President Obama. The law also provides grants to conduct audits of unprocessed kits to help track the backlog of hundreds of thousands of untested DNA kits sitting in labs across the country.

In 2007 Lifetime released "A Life Interrupted", a movie dramatization of Debbie Smith's story, starring Lea Thompson.


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