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HB 31: "An Act requiring the Department of Public Safety to develop a tracking system and collection and processing protocol for sexual assault examination kits; requiring law enforcement agencies to send sexual assault examination kits for testing within 18 months after collection; requiring an inventory and reports on untested sexual assault examination kits; and providing for an effective date."

00                              HOUSE BILL NO. 31                                                                          
01 "An Act requiring the Department of Public Safety to develop a tracking system and                                      
02 collection and processing protocol for sexual assault examination kits; requiring law                                   
03 enforcement agencies to send sexual assault examination kits for testing within 18                                      
04 months after collection; requiring an inventory and reports on untested sexual assault                                  
05 examination kits; and providing for an effective date."                                                                 
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 44.41 is amended by adding a new section to read:                                                  
08            Sec. 44.41.070. Sexual assault examination kits. (a) The Department of                                     
09       Public Safety shall develop, for use by all law enforcement agencies in the state,                                
10                 (1)  a tracking system for sexual assault examination kits;                                             
11                 (2)  a protocol for the collection and processing of sexual assault                                     
12       examination kits.                                                                                                 
13            (b)  A law enforcement agency shall ensure that all sexual assault examination                               
01       kits collected by that agency are sent, within 18 months after collection of the sexual                           
02       assault examination kit, to a laboratory operated or approved by the Department of                                
03       Public Safety for either a serological or DNA test.                                                               
04            (c)  In this section, "law enforcement agency" has the meaning given in                                      
05       AS 12.36.090.                                                                                                     
06    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
07 read:                                                                                                                   
08       REPORT ON UNTESTED SEXUAL ASSAULT EXAMINATION KITS. (a) By                                                        
09 September 1, 2017, each law enforcement agency and state department charged with the                                    
10 maintenance, storage, and preservation of sexual assault examination kits shall conduct an                              
11 inventory of untested sexual assault examination kits and report, in writing, to the Department                         
12 of Public Safety the number of untested sexual assault examination kits in the possession of                            
13 the agency or department and the date on which each sexual assault examination kit was                                  
14 collected.                                                                                                              
15 (b)  By November 1, 2017, the Department of Public Safety shall prepare and transmit                                    
16 a report to the president of the senate and the speaker of the house of representatives that                            
17 contains                                                                                                                
18 (1)  the number of untested sexual assault examination kits stored by each law                                          
19 enforcement agency or department;                                                                                       
20            (2)  the date each untested sexual assault examination kit was collected; and                                
21 (3)  a plan for addressing the backlog and prevention of a backlog of untested                                          
22 sexual assault examination kits.                                                                                        
23 (c)  The Department of Public Safety shall deliver a copy of the report prepared under                                  
24 (b) of this section to the senate secretary and the chief clerk of the house of representatives                         
25 and notify the legislature that the report is available.                                                                
26 (d)  In this section, "untested sexual assault examination kit" means a sexual assault                                  
27 examination kit with evidence that                                                                                      
28 (1)  has been collected but that has not been submitted to a laboratory operated                                        
29 or approved by the Department of Public Safety for either a serological or DNA test; or                                 
30 (2)  has been collected and submitted to a laboratory operated or approved by                                           
31 the Department of Public Safety but that has not had a serological or DNA test conducted on                             
01 the evidence.                                                                                                           
02    * Sec. 3. AS 44.41.070(b), enacted by sec. 1 of this Act, takes effect January 1, 2018.                            
03    * Sec. 4. Except as provided in sec. 3 of this Act, this Act takes effect immediately under                        
04 AS 01.10.070(c).