00 Enrolled HB 31
01 Relating to law enforcement training in domestic violence and sexual assault; relating to
02 sexual assault investigation protocols; requiring an inventory and reports on untested sexual
03 assault examination kits; and providing for an effective date.
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
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 following types of
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; or
09 (2) an anonymous 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 have personal identifying information
12 provided to law enforcement or to participate in the criminal justice system; the
13 person who collects the evidence shall release the evidence to the appropriate law
14 enforcement agency for preservation in accordance with AS 12.36.200 but may
15 not provide personal identifying information of the victim to the law enforcement
16 agency; the law enforcement agency shall assign a unique identifying number to
17 the evidence, and the person who collects the evidence shall record the number
18 and provide the number to the victim.
19 * Sec. 5. AS 18.68.020 is amended by adding a new subsection to read:
20 (c) In this section, "vulnerable adult" has the meaning given in AS 47.24.900.
21 * Sec. 6. AS 44.41 is amended by adding a new section to read:
22 Sec. 44.41.070. Report on untested sexual assault examination kits. (a) By
23 September 1 of each year, each law enforcement agency and state department charged
24 with the maintenance, storage, and preservation of sexual assault examination kits
25 shall conduct an inventory of untested sexual assault examination kits and report, in
26 writing, to the Department of Public Safety the number of untested sexual assault
27 examination kits in the possession of the agency or department and the date on which
28 each untested sexual assault examination kit was collected.
29 (b) By November 1 of each year, the Department of Public Safety shall
30 prepare and transmit a report to the president of the senate and the speaker of the
31 house of representatives that contains
01 (1) the number of untested sexual assault examination kits stored by
02 each law enforcement agency or department;
03 (2) the date each untested sexual assault examination kit was collected;
05 (3) a plan for addressing the backlog and prevention of a backlog of
06 untested sexual assault examination kits.
07 (c) The Department of Public Safety shall deliver a copy of the report
08 prepared under (b) of this section to the senate secretary and the chief clerk of the
09 house of representatives and notify the legislature that the report is available.
10 (d) In this section, "untested sexual assault examination kit" means a sexual
11 assault examination kit with evidence that
12 (1) has been collected but that has not been submitted to a laboratory
13 operated or approved by the Department of Public Safety for either a serological or
14 DNA test; or
15 (2) has been collected and submitted to a laboratory operated or
16 approved by the Department of Public Safety but that has not had a serological or
17 DNA test conducted on the evidence.
18 * Sec. 7. This Act takes effect July 1, 2018.