Title 23
Health and Safety

Chapter 98
Sexual Assault Evidence Kits

§ 23-98-5. Victims’ rights to notice.

(a) All victims of sexual assault shall have the right to:

(1) Consult with a sexual assault victim advocate on a confidential and privileged basis during the forensic medical exam, and during any interview with law enforcement, prosecutors, or defense attorneys. Waiving the right to a victim advocate in one instance does not negate this right. The medical facility, law enforcement officer, or prosecutor shall inform the victim of his or her rights prior to commencement of a medical forensic examination or law enforcement interview, and shall not continue unless such right is knowingly and voluntarily waived;

(2) Information, upon request, of the location, testing date, and testing results of a kit; whether a DNA profile was obtained from the kit; whether there are matches to DNA profiles in state or federal databases; and the estimated destruction date for the kit, all in a manner of communication designated by the victim;

(3) Be informed when there is any change in the status of their case, including if the case has been closed or reopened;

(4) Receive written notification, upon request, from the appropriate official with custody of a victim’s sexual assault evidence kit not later than sixty (60) days before the date of the intended destruction or disposal;

(5) Be granted further preservation of the kit or its probative contents;

(6) Designate a person of the victim’s choosing to act as a recipient of the information provided under this section;

(7) Be informed about how to file a report with law enforcement and have their kit tested in the future, if the victim shall decide not to file a report at the time the kit is first collected;

(8) Be informed about the right to apply for victim compensation; and

(9) Be provided with the contact information for the designated liaison at the time that a kit is collected.

(b) A survivor retains all the rights contained in this chapter at all times, regardless of whether the survivor agrees to participate in any investigation, prosecution, or generally, in the criminal justice system of any court of this state and regardless of whether the survivor consents to a medical evidentiary or physical examination to collect sexual assault forensic evidence.

(c)(1) The attorney general, in consultation with the victim service providers and victim advocacy organizations, shall promulgate and publish a sexual assault victim’s bill of rights for purposes of informing sexual offense victims of their rights under state law. Such bill of rights shall be prominently published on the department of the attorney general’s website, in plain, easy to understand language and in at least the ten (10) most common languages spoken in this state, and distributed to hospitals as a document which shall be provided to every presenting sexual offense victim. The department of the attorney general may update the bill of rights as necessary to reflect changes in state law and more accurately explain the law.

(2) In advance or at the beginning of the medical forensic examination and law enforcement interview, medical professionals, victim advocates, law enforcement officers, or prosecutors shall provide victims with the bill of rights as created by the attorney general identifying their rights under law, including the rights granted pursuant to this section.

(d) The attorney general, in coordination with victim service providers, shall ensure that trauma-informed, survivor-focused, statewide policies and procedures for law enforcement shall be adopted concerning contact with victims and notification concerning kits.