2016 -- S 2063

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LC003057

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT--STATEWIDE

ACCOUNTING OF SEXUAL ASSAULT EVIDENCE COLLECTION KITS--SUBMISSION

AND RETURN OF KITS

     Introduced By: Senators Crowley, Sosnowski, Lynch Prata, Goldin, and Gallo

     Date Introduced: January 13, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following section:

     11-37-13.4. Statewide accounting of untested and unsubmitted rape kits. -- (a)

Definitions. – The following words and phrases, when used in this section, have the following

meanings:

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

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

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

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

specimens collected by a healthcare provider during a forensic medical examination from the

victim of a sexually-oriented criminal offense; and

     (3) "Untested sexual assault evidence collection kit" means a sexual assault evidence

collection kit that has not been submitted to the state crime laboratory or a similar qualified

laboratory for either a serology or deoxyribonucleic acid (DNA) test.

     (b) By November 1, 2016 all law enforcement agencies and departments charged with, or

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

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

     (c) By February 1, 2017 each law enforcement agency shall compile and prepare, in

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

possession of the agency or department and the date the sexual assault kit was collected. The

report shall be transmitted to the attorney general of the state of Rhode Island.

     (d) By July 1, 2017 the attorney general of the state of Rhode Island shall prepare and

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

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

stored by each municipality, by each law enforcement agency or department, the date each

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

     (e) On and after January 1, 2017, any sexual assault evidence collection kit that has been

collected by any law enforcement agency or department shall be submitted to the state crime

laboratory or a similar qualified laboratory for testing as provided under this chapter within

seventy-two (72) hours after the collection of specimens for the sexual assault evidence collection

kit. Any laboratory which receives such a sexual assault evidence collection kit shall test such kit

and provide the results of these tests to the law enforcement agency or department which

originally submitted the kit within one hundred eighty (180) days after the kit was originally

submitted to the laboratory; provided, if a laboratory is unable to provide such results within the

one hundred eighty (180) day time period, the laboratory shall provide within such period a

statement describing:

     (1) The reasons such testing has not been completed; and

     (2) An expected date for the completion of such testing or, if applicable, the reasons why

such testing cannot be completed.

     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 SEXUAL ASSAULT EVIDENCE COLLECTION KITS--SUBMISSION

AND RETURN OF KITS

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

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

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

of representatives a plan for addressing any backlog of such kits. This act would also require that

all sexual assault evidence collection kits be turned over to an appropriate laboratory within

seventy-two (72) hours of the kit being administered, and would require laboratories to return the

results of such testing within one hundred eighty (180) days after the submission of such kits.

     This act would take effect upon passage.

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LC003057

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