2016 -- S 2063

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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:

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

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

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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 evidence collection kit" means a human biological specimen or

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

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victim of a sexually-oriented criminal offense; and

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

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

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

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

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

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

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

 

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

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

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

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     (d) By July 1, 2017 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 evidence collection kits being

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

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

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

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

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

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

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

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

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

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

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

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statement describing:

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

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

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such testing cannot be completed.

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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 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

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

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

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

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

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

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

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     This act would take effect upon passage.

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