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Enrolled HB 31: 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 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.                                                          
04                           _______________                                                                               
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 following types of                                    
04       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; 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;                               
04       and                                                                                                               
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.