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
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
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
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).