2022 -- S 3039 | |
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LC006163 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- SEXUAL ASSAULT EVIDENCE KITS | |
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Introduced By: Senator Tiara T. Mack | |
Date Introduced: June 17, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 97 |
4 | SEXUAL ASSAULT EVIDENCE KITS |
5 | 23-97-1. Short title. |
6 | This chapter shall be known and may be cited as the "Sexual Assault Evidence Kits Act". |
7 | 23-97-2. Definitions. |
8 | For purposes of this chapter: |
9 | (1) "Accredited laboratory" means a DNA laboratory that is formally recognized and meets |
10 | or exceeds a list of standards, including the Federal Bureau of Investigation (FBI) director's quality |
11 | assurance standards, to perform specific tests, established by a nonprofit professional association |
12 | of persons actively involved in forensic science that is nationally recognized within the forensic |
13 | community in accordance with the provisions of the federal DNA Identification Act, 42 USC ยง |
14 | 14132, or other applicable law. |
15 | (2) "Anonymous kit" or "unreported kit" means a kit that is collected from a victim of |
16 | sexual assault through a medical forensic examination where the victim elects, at the time of the |
17 | examination, not to report the sexual assault offense to a law enforcement agency. |
18 | (3) "Combined DNA Index System (CODIS)" means the FBI's program of support for |
19 | criminal justice DNA databases as well as the software used to run the databases. |
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1 | (4) "DNA analysis" means the isolation of autosomal deoxyribonucleic acid (DNA) to |
2 | develop DNA profiles that are eligible for entry into the Combined DNA Index System (CODIS), |
3 | DNA samples taken from evidence containing DNA from a known individual or of unknown origin, |
4 | the determination of the DNA test results, and entry of resulting DNA profiles into CODIS. |
5 | (5) "Law enforcement agency" means a local police department, the Rhode Island state |
6 | police, the office of the attorney general, or a federal, state, or local governmental body that |
7 | enforces criminal laws and maintains employees who have a statutory power of arrest. |
8 | (6) "Medical forensic examination" means an examination of a sexual assault patient by a |
9 | health care provider, ideally one who has specialized education and clinical experience in the |
10 | collection of forensic evidence and treatment of these patients. Such examination may include |
11 | gathering information from the patient for the medical forensic history, an examination, |
12 | coordinating treatment of injuries, documentation of biological and physical findings, collection of |
13 | evidence from the patient, information, treatment, and referrals for sexually transmitted infections, |
14 | pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns, |
15 | and follow-up as needed to provide additional healing, treatment, or collection of evidence. |
16 | (7) "Newly collected kit" means a kit that has been collected after time frames and |
17 | requirements for testing kits were enacted. |
18 | (8) "Previously untested sexual assault evidence kits" means human biological specimen(s) |
19 | collected by a health care provider during a forensic medical examination from the victim of a |
20 | sexually-oriented criminal offense that has not been through DNA analysis and has been held |
21 | untested by medical facilities, law enforcement agencies, or accredited laboratories. |
22 | (9) "Sexual assault evidence kit" or "kit" means a collection of human biological |
23 | specimen(s) collected by a health care provider during a medical forensic examination from the |
24 | victim of a sex offense. |
25 | (10) "Status" means the location, date and time when the kit is transferred within the chain |
26 | of custody. |
27 | 23-97-3. Annual statewide inventory of sexual assault evidence kits. |
28 | (a) Within one hundred eighty (180) days of the effective date of this chapter, and annually |
29 | thereafter, all medical facilities, law enforcement agencies, crime laboratories, and any other |
30 | facilities that receive, maintain, store, or preserve sexual assault evidence kits (kits) shall submit a |
31 | report containing the following information to the department of health: |
32 | (1) The total number of all untested kits in possession of each medical facility, law |
33 | enforcement agency, crime laboratory, and any other facility that receives, maintains, stores, or |
34 | preserves kits. |
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1 | (2) For each kit the facility shall provide: |
2 | (i) The category of the kit: |
3 | (A) Whether sexual assault was reported to law enforcement; or |
4 | (B) Whether the victim chose not to file a report with law enforcement. |
5 | (ii) The status of the kit: |
6 | (A) For kits of medical facilities: The date when the kit was reported to law enforcement, |
7 | and the date when the kit was delivered to the state health laboratory; |
8 | (B) For kits of a law enforcement agency: The date the kit was picked up from a medical |
9 | facility, the date when the kit was submitted to a crime laboratory, and for any kit not submitted to |
10 | a crime lab, the reason the kit was not submitted; |
11 | (C) For kits belonging to another jurisdiction: The date that the jurisdiction was notified |
12 | and the date the kit was picked up; and |
13 | (D) For kits in possession of crime laboratories: The date the kit was received from law |
14 | enforcement and from which agency the kit was received; the date when the kit was tested; the date |
15 | when the resulting information was entered into CODIS or other relevant state or local DNA |
16 | databases, and the reasoning, if applicable, that a kit was not tested or a DNA profile was not |
17 | created. |
18 | (3) The total number of kits in possession of the entity for more than thirty (30) days or |
19 | beyond the statutory time frame for kit submission and testing. |
20 | (4) The total number of kits destroyed and the reason for destruction. |
21 | (5) The department of health shall compile the data from the reports in a summary report. |
22 | The summary report shall include a list of all agencies or facilities that failed to participate in the |
23 | preparation of the report. The annual summary report shall be made publicly available on the |
24 | department of health's website, and shall be submitted to the governor, the speaker of the house of |
25 | representatives, the president of the senate, and the office of the attorney general. |
26 | (b) Within ninety (90) days of the effective date of this chapter, all previously untested kits |
27 | in medical facilities or other facilities that collect kits shall be submitted to the appropriate law |
28 | enforcement agency. |
29 | (c) Within one hundred eighty (180) days of the effective date of this chapter, each law |
30 | enforcement agency shall submit all previously untested kits, including those sexual assaults past |
31 | the statute of limitations, to the accredited public crime laboratory or laboratories. |
32 | (1) Anonymous or unreported kits are exempted from this section unless the victim files a |
33 | report and consents to the testing of their kit. |
34 | (2) Anonymous and unreported kits shall be safely stored by the state health laboratory in |
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1 | a manner that preserves evidence for a duration of ten (10) years or the applicable statute of |
2 | limitations, whichever is greater. |
3 | (3) Victims who do not file a report with law enforcement at the time the kit was collected |
4 | shall not negate their right to report the crime and have the kit tested in the future. |
5 | (d) An accredited public crime laboratory shall test all previously untested sexual assault |
6 | kits within ninety (90) days of receipt from the local law enforcement agency. |
7 | (e) Testing shall be pursued to develop autosomal DNA profiles that are eligible for entry |
8 | into the Combined DNA Index System (CODIS) and local DNA databases. |
9 | (1) With the goal of generating a CODIS-eligible DNA profile, if a laboratory is unable to |
10 | obtain an autosomal CODIS-eligible DNA profile, the laboratory should evaluate the case to |
11 | determine if any other DNA-typing results could be used for investigative purposes. |
12 | (2) In cases where testing has resulted in a DNA profile, the laboratory shall enter the full |
13 | profile into the Combined DNA Index System Database (CODIS) and local DNA databases. The |
14 | average completion rate for this analysis and classification shall not exceed ninety (90) days. |
15 | (3) If an accredited public crime laboratory is unable to meet the deadline set forth in |
16 | subsection (e)(2) of this section, the kits shall be outsourced for testing to an accredited private |
17 | crime laboratory. |
18 | 23-97-4. Mandatory submission and testing requirements for newly collected sexual |
19 | assault evidence kits. |
20 | (a) Medical facilities and all other facilities that conduct medical forensic examinations |
21 | shall notify the appropriate law enforcement agency immediately, and no later than twenty-four |
22 | (24) hours after the collection of a new sexual assault evidence kit. |
23 | (b) Hospitals and state laboratories shall work together to ensure reported kits are |
24 | transferred from the hospital to the laboratory within ten (10) days of the kit being collected. |
25 | (1) Anonymous kits and unreported kits are exempted from this section unless the victim |
26 | files a report and consents to the testing of their kit. Anonymous kits shall be safely stored by the |
27 | state laboratory in a manner that preserves evidence for a duration of ten (10) years or the applicable |
28 | statute of limitations, whichever is greater; |
29 | (2) Victims who do not file a report with law enforcement at the time the kit was collected |
30 | shall not negate their right to report the crime and have their kit tested in the future. |
31 | (3) Kits associated with a reported crime that is uncharged or unsolved shall be preserved |
32 | by the applicable law enforcement agency for fifty (50) years or the length of the applicable statute |
33 | of limitations, whichever is greater. |
34 | (c) Law enforcement shall contact the department of health when a victim of sexual assault |
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1 | files a police complaint. At that point, the department of health shall begin the forensic analysis. |
2 | An accredited public crime laboratory shall test all kits within thirty (30) days of receipt. |
3 | (1) Testing shall be pursued to develop autosomal DNA profiles that are eligible for entry |
4 | into the Combined DNA Index System (CODIS) and local DNA databases, with the goal of |
5 | generating a CODIS-eligible DNA profile. If a laboratory is unable to obtain an autosomal CODIS- |
6 | eligible DNA profile, the laboratory shall evaluate the case to determine if any other DNA-typing |
7 | results could be used for investigative purposes. |
8 | (2) In cases where testing has resulted in a DNA profile, the laboratory shall enter the full |
9 | profile into the Combined DNA Index System Database (CODIS) and local DNA databases. The |
10 | average completion rate for this analysis and classification shall not exceed ninety (90) days. |
11 | (3) If an accredited public crime laboratory is unable to meet the deadline specified in |
12 | subsection (c)(2) of this section, untested kits shall be outsourced to an accredited private crime |
13 | laboratory. |
14 | 23-97-5. Victims' rights to notice. |
15 | (a) All victims of sexual assault shall have the right to: |
16 | (1) Consult with a sexual assault victim advocate on a confidential and privileged basis |
17 | during the forensic medical exam, and during any interview with law enforcement, prosecutors, or |
18 | defense attorneys. Waiving the right to a victim advocate in one instance does not negate this right. |
19 | The medical facility, law enforcement officer, or prosecutor shall inform the victim of his or her |
20 | rights prior to commencement of a medical forensic examination or law enforcement interview, |
21 | and shall not continue unless such right is knowingly and voluntarily waived; |
22 | (2) Information, upon request, of the location, testing date, and testing results of a kit; |
23 | whether a DNA profile was obtained from the kit; whether there are matches to DNA profiles in |
24 | state or federal databases; and the estimated destruction date for the kit, all in a manner of |
25 | communication designated by the victim; |
26 | (3) Be informed when there is any change in the status of their case, including if the case |
27 | has been closed or reopened; |
28 | (4) Receive written notification, upon request, from the appropriate official with custody |
29 | of a victim's sexual assault evidence kit not later than sixty (60) days before the date of the intended |
30 | destruction or disposal; |
31 | (5) Be granted further preservation of the kit or its probative contents; |
32 | (6) Designate a person of the victim's choosing to act as a recipient of the information |
33 | provided under this section; |
34 | (7) Be informed about how to file a report with law enforcement and have their kit tested |
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1 | in the future, if the victim shall decide not to file a report at the time the kit is first collected; |
2 | (8) Be informed about the right to apply for victim compensation; and |
3 | (9) Be provided with the contact information for the designated liaison at the time that a |
4 | kit is collected. |
5 | (b) A survivor retains all the rights contained in this chapter at all times, regardless of |
6 | whether the survivor agrees to participate in any investigation, prosecution, or generally, in the |
7 | criminal justice system of any court of this state and regardless of whether the survivor consents to |
8 | a medical evidentiary or physical examination to collect sexual assault forensic evidence. |
9 | (c)(1) The attorney general, in consultation with the victim service providers and victim |
10 | advocacy organizations, shall promulgate and publish a sexual assault victim's bill of rights for |
11 | purposes of informing sexual offense victims of their rights under state law. Such bill of rights shall |
12 | be prominently published on the department of the attorney general's website, in plain, easy to |
13 | understand language and in at least the ten (10) most common languages spoken in this state, and |
14 | distributed to hospitals as a document which shall be provided to every presenting sexual offense |
15 | victim. The department of the attorney general may update the bill of rights as necessary to reflect |
16 | changes in state law and more accurately explain the law. |
17 | (2) In advance or at the beginning of the medical forensic examination and law enforcement |
18 | interview, medical professionals, victim advocates, law enforcement officers, or prosecutors shall |
19 | provide victims with the bill of rights as created by the attorney general identifying their rights |
20 | under law, including the rights granted pursuant to this section. |
21 | (d) The attorney general, in coordination with victim service providers, shall ensure that |
22 | trauma-informed, survivor-focused, statewide policies and procedures for law enforcement shall |
23 | be adopted concerning contact with victims and notification concerning kits. |
24 | SECTION 2. This act shall take effect upon passage. |
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LC006163 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- SEXUAL ASSAULT EVIDENCE KITS | |
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1 | This act would require any entity that receives, maintains, stores or preserves sexual assault |
2 | evidence kits to submit a report to the department of health, annually, setting forth the total number |
3 | of untested kits in possession of such entity. This act would further provide victims of sexual assault |
4 | offenses with certain rights pertaining to the sexual assault evidence kit. This act would also direct |
5 | the attorney general, in consultation with victim advocacy organizations, to promulgate and publish |
6 | a sexual assault victim's bill or rights. |
7 | This act would take effect upon passage. |
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LC006163 | |
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