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CSHB 31(FIN): "An Act relating to law enforcement training in domestic violence and sexual assault; relating to sexual assault investigation protocols; requiring an inventory and reports on untested sexual assault examination kits; and providing for an effective date."

00                        CS FOR HOUSE BILL NO. 31(FIN)                                                                    
01 "An Act relating to law enforcement training in domestic violence and sexual assault;                                   
02 relating to sexual assault investigation protocols; requiring an inventory and reports on                               
03 untested sexual assault examination kits; and providing for an effective date."                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 18.65.240(a) is amended to read:                                                                   
06 (a)  A person may not be appointed as a police officer, except on a                                                     
07 probationary basis, unless the person (1) has satisfactorily completed a basic program                                  
08 of police training approved by the council, which includes at least 12 hours of                                         
09 instruction regarding domestic violence and at least 12 hours of instruction                                        
10 regarding sexual assault, as those terms are defined in AS 18.66.990, and (2)                                   
11 possesses other qualifications the council has established for the employment of police                                 
12 officers, including minimum age, education, physical and mental standards,                                              
13 citizenship, moral character, and experience. The council shall prescribe the means of                                  
14       presenting evidence of fulfillment of these requirements.                                                         
01    * Sec. 2. AS 18.65.510 is amended to read:                                                                         
02            Sec. 18.65.510. Domestic violence and sexual assault training. (a)  Each                                 
03       established police training program in the state shall provide training that acquaints                            
04       police officers with                                                                                              
05                 (1)  laws relating to substantive crimes and rules of criminal procedure                                
06       applicable in cases involving domestic violence and sexual assault;                                           
07                 (2)  techniques for handling incidents of domestic violence and sexual                              
08       assault that promote the safety of the victim and the officer and that reduce the                             
09       likelihood of recurrence;                                                                                         
10 (3)  the investigation and management of cases involving domestic                                                       
11 violence and sexual assault, including the protocols under AS 18.68.020, and                                        
12       report writing for those cases;                                                                                   
13 (4)  organizations in the state that offer aid or shelter to victims of                                                 
14       domestic violence and sexual assault;                                                                         
15 (5)  procedures applicable in the prosecution of cases involving                                                        
16       domestic violence and sexual assault;                                                                         
17 (6)  orders that may be issued by or filed with a court under                                                           
18       AS 18.66.100 - 18.66.180;                                                                                         
19 (7)  the notification to be given to victims of domestic violence under                                                 
20       AS 18.65.520; and                                                                                                 
21                 (8)  the subjects set out in AS 18.66.310(d).                                                           
22 (b)  In providing a training program under this section, each agency or                                                 
23 institution offering an established police training program shall consult with the                                      
24 Council on Domestic Violence and Sexual Assault and interested individuals and                                          
25 organizations providing assistance to victims of domestic violence and sexual                                       
26       assault.                                                                                                      
27    * Sec. 3. AS 18.65.510 is amended by adding a new subsection to read:                                              
28            (c)  In this section, "sexual assault" has the meaning given in AS 18.66.990.                                
29    * Sec. 4. AS 18.68.020(a) is amended to read:                                                                      
30 (a)  The Department of Public Safety and the Department of Law in                                                       
31 conjunction with the Department of Health and Social Services shall develop a manual                                    
01 of protocols governing the distribution and use of the sexual assault examination kit                                   
02 developed under AS 18.68.010. The protocols must allow a victim who is 18 years                                     
03 of age or older and not a vulnerable adult to choose one of the three following                                     
04       types of reports:                                                                                             
05 (1)  a law enforcement report if the victim wants to obtain a                                                       
06 medical forensic examination with evidence collection and, at the time of the                                       
07 medical forensic examination, chooses to participate in the criminal justice                                        
08       system;                                                                                                       
09 (2)  a medical report if the victim wants to obtain a medical                                                       
10 forensic examination with evidence collection but, at the time of the medical                                       
11 forensic examination, chooses not to participate in the criminal justice system;                                    
12 the person who collects the evidence shall provide to the appropriate law                                           
13 enforcement agency personal identifying information of the victim and release                                       
14 the evidence collected for testing and preservation in accordance with                                              
15       AS 12.36.200; or                                                                                              
16 (3)  an anonymous report if a victim wants to obtain a medical                                                      
17 forensic examination with evidence collection but, at the time of the medical                                       
18 forensic examination, chooses not to have personal identifying information                                          
19 provided to law enforcement or to participate in the criminal justice system; the                                   
20 person who collects the evidence shall release the evidence to the appropriate law                                  
21 enforcement agency for preservation in accordance with AS 12.36.200 but may                                         
22 not provide personal identifying information of the victim to the law enforcement                                   
23 agency; the law enforcement agency shall assign a unique identifying number to                                      
24 the evidence, and the person who collects the evidence shall record the number                                      
25       and provide the number to the victim.                                                                         
26    * Sec. 5. AS 18.68.020 is amended by adding a new subsection to read:                                              
27            (c)  In this section, "vulnerable adult" has the meaning given in AS 47.24.900.                              
28    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
29 read:                                                                                                                   
30 REPORT ON UNTESTED SEXUAL ASSAULT EXAMINATION KITS. (a) By                                                              
31 September 1, 2017, each law enforcement agency and state department charged with the                                    
01 maintenance, storage, and preservation of sexual assault examination kits shall conduct an                              
02 inventory of untested sexual assault examination kits and report, in writing, to the Department                         
03 of Public Safety the number of untested sexual assault examination kits in the possession of                            
04 the agency or department and the date on which each sexual assault examination kit was                                  
05 collected.                                                                                                              
06 (b)  By November 1, 2017, the Department of Public Safety shall prepare and transmit                                    
07 a report to the president of the senate and the speaker of the house of representatives that                            
08 contains                                                                                                                
09 (1)  the number of untested sexual assault examination kits stored by each law                                          
10 enforcement agency or department;                                                                                       
11            (2)  the date each untested sexual assault examination kit was collected; and                                
12 (3)  a plan for addressing the backlog and prevention of a backlog of untested                                          
13 sexual assault examination kits.                                                                                        
14 (c)  The Department of Public Safety shall deliver a copy of the report prepared under                                  
15 (b) of this section to the senate secretary and the chief clerk of the house of representatives                         
16 and notify the legislature that the report is available.                                                                
17 (d)  In this section, "untested sexual assault examination kit" means a sexual assault                                  
18 examination kit with evidence that                                                                                      
19 (1)  has been collected but that has not been submitted to a laboratory operated                                        
20 or approved by the Department of Public Safety for either a serological or DNA test; or                                 
21 (2)  has been collected and submitted to a laboratory operated or approved by                                           
22 the Department of Public Safety but that has not had a serological or DNA test conducted on                             
23 the evidence.                                                                                                           
24    * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c).                                    
25    * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect January 1, 2018.