Sexual assault forensic evidence: testing.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill changes how sexual assault forensic evidence is handled. Instead of requiring victims to decide whether to test their kits, it allows an adult 18 or older to request that all collected medical evidence not be tested. If this request is made at the time of the examination, the kit will be retained by the investigating agency until the survivor requests testing. If the request is made later, the kit will either be retained or returned to the agency. The bill also ensures victims receive timely updates on the status of their kits and clarifies procedures for destroying evidence.
Key provisions
- Allows an adult 18 or older to request that all medical evidence collected during a sexual assault examination not be tested.
- If the request is made at the time of the examination, the kit must be retained by the investigating agency.
- If the request is made after the examination, the kit will either be retained or returned to the investigating agency.
- Requires law enforcement agencies to inform victims of the status of DNA testing within six months of the deadline.
- Establishes a process for notifying victims if rape kit evidence is to be destroyed.
- Allows a victim to designate a support person to receive information.
- Clarifies that transferring a kit for transport does not constitute submission for testing.
- Provides a remedy for victims if law enforcement fails to fulfill its responsibilities.
Who is affected
Bill text
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Sponsors
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2 on record
Primary sponsor
Cosponsor
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