2015 -- S 0180

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LC000515

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL ASSAULT- STATEWIDE

ACCOUNTING OF UNSUBMITTED RAPE KITS

     

     Introduced By: Senators Crowley, Conley, Lombardi, Miller, and Jabour

     Date Introduced: February 05, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-37 of the General Laws entitled "Sexual Assault" is hereby

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amended by adding thereto the following section:

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     11-37-18. Statewide accounting of unsubmitted rape kits. -- (a) Definitions. – The

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following words and phrases, when used in this section, have the following meanings:

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     (1) "Forensic medical examination" means an examination provided to the victim of a

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sexually-oriented criminal offense by a healthcare provider for the purpose of gathering and

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preserving evidence of a sexual assault for use in a court of law;

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     (2) "Sexual assault collection kit" means a human biological specimen or specimens

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collected by a healthcare provider during a forensic medical examination from the victim of a

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sexually-oriented criminal offense; and

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     (3) "Untested sexual assault collection kit" means a sexual assault collection kit that has

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not been submitted to the state crime laboratory or a similar qualified laboratory for either a

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serology or deoxyribonucleic acid (DNA) test.

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     (b) By May 1, 2015 all law enforcement agencies and departments charged with, or

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engaging in, the maintenance, storage and preservation of sexual assault collection kits shall

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conduct an inventory of all such kits being stored by the agency or department.

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     (c) By August 1, 2015 each law enforcement agency shall compile and prepare, in

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writing, a report containing the number of untested sexual assault collection kits in the possession

 

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of the agency or department and the date the sexual assault kit was collected. The report shall be

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transmitted to the attorney general of the state of Rhode Island.

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     (d) By January 1, 2016 the attorney general of the state of Rhode Island shall prepare and

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transmit a report to the president of the senate and the speaker of the house of representatives

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identifying and describing the number of untested sexual assault collection kits being stored by

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each municipality, by each law enforcement agency or department, the date each untested kit was

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collected, and a plan for addressing any backlog of untested kits.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL ASSAULT- STATEWIDE

ACCOUNTING OF UNSUBMITTED RAPE KITS

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     This act would compel law enforcement agencies to provide to the attorney general a

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report identifying and describing any untested sexual assault collection kits, and would require

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the attorney general to submit to the president of the senate and the speaker of the house of

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representatives a plan for addressing any backlog of such kits.

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     This act would take effect upon passage.

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