HB 275: "An Act relating to sexual assault examination kits; establishing the sexual assault examination kit tracking system; and providing for an effective date."
00 HOUSE BILL NO. 275 01 "An Act relating to sexual assault examination kits; establishing the sexual assault 02 examination kit tracking system; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.41.065(a) is amended to read: 05 (a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 06 assault examination kit is used to gather evidence under AS 18.68.010, [THE 07 AGENCY SHALL] 08 (1) a health care provider that gathers the evidence shall, within 09 seven days after using the sexual assault examination kit to gather the evidence, 10 notify the appropriate law enforcement agency that the sexual assault 11 examination kit is available to be sent to an accredited laboratory in coordination 12 with the Department of Public Safety or a laboratory operated by the 13 Department of Public Safety; 14 (2) a law enforcement agency that is notified by the health care
01 provider under (1) of this subsection or that uses a sexual assault examination kit 02 to gather the evidence shall 03 (A) within 30 days after receiving notification from the 04 health care provider or using the sexual assault examination kit to gather 05 the evidence [AGENCY COLLECTS THE SEXUAL ASSAULT 06 EXAMINATION KIT], send the sexual assault examination kit to an 07 accredited laboratory in coordination with the Department of Public Safety or a 08 laboratory operated by the Department of Public Safety; and 09 (B) [(2) ENSURE THAT THE LABORATORY TO WHICH 10 THE SEXUAL ASSAULT EXAMINATION KIT IS SENT UNDER (1) OF 11 THIS SUBSECTION CONDUCTS A SEROLOGICAL OR DNA TEST ON 12 THE SEXUAL ASSAULT EXAMINATION KIT WITHIN SIX MONTHS 13 AFTER THE LABORATORY RECEIVES THE SEXUAL ASSAULT 14 EXAMINATION KIT; AND (3)] within two weeks after the laboratory that 15 receives the sexual assault examination kit under [(1) OF] this subsection 16 completes serological or DNA testing, make a reasonable effort to notify the 17 victim from whom the sexual assault examination kit was collected that the 18 sexual assault examination kit has been tested; and 19 (3) a laboratory to which the sexual assault examination kit is sent 20 shall, within six months after the laboratory receives the sexual assault 21 examination kit, conduct a serological or DNA test on the sexual assault 22 examination kit. 23 * Sec. 2. AS 44.41.065(b) is amended to read: 24 (b) A criminal action may not be dismissed nor the evidence deemed 25 nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 26 (2)] of this section. 27 * Sec. 3. AS 44.41.065(c) is amended to read: 28 (c) If a case is resolved before a sexual assault examination kit is tested, a 29 health care provider, a law enforcement agency, or a laboratory in possession of 30 the sexual assault examination kit is not required to meet the time limits established 31 in (a) of this section.
01 * Sec. 4. AS 44.41.065 is amended by adding a new subsection to read: 02 (e) A health care provider, law enforcement agency, or laboratory in 03 possession of a sexual assault examination kit shall enter information specified by the 04 Department of Public Safety into the sexual assault examination kit tracking system 05 under AS 44.41.067. The information must be entered at the time and in the form and 06 manner specified by the Department of Public Safety. 07 * Sec. 5. AS 44.41 is amended by adding a new section to read: 08 Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 09 Department of Public Safety shall develop and operate a sexual assault examination 10 kit tracking system to track the status and location of a sexual assault examination kit 11 from the point of evidence collection to serological or DNA testing. 12 (b) The sexual assault examination kit tracking system must allow the victim 13 from whom the sexual assault examination kit was collected to access the tracking 14 information associated with the kit and, if the victim chooses, receive automated 15 notifications of the status of the kit. 16 (c) The sexual assault examination kit tracking system is confidential and is 17 not a public record under AS 40.25.110 - 40.25.140, except that the Department of 18 Public Safety may include information from the tracking system in the report required 19 under AS 44.41.070. 20 * Sec. 6. AS 44.41.070(a) is repealed. 21 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITION: REGULATIONS. The Department of Public Safety may proceed to 24 adopt regulations necessary to implement the changes made by this Act. The regulations take 25 effect under AS 44.62 (Administrative Procedure Act) but not before the effective date of the 26 law implemented by the regulations. 27 * Sec. 8. Section 7 of this Act takes effect immediately under AS 01.10.070(c).