CSHB 275(HSS): "An Act relating to sexual assault examination kits; establishing the sexual assault examination kit tracking system; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 275(HSS) 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 12.61.010(a) is amended to read: 05 (a) Victims of crimes have the following rights: 06 (1) the right to be present during any proceeding in 07 (A) the prosecution and sentencing of a defendant if the 08 defendant has the right to be present, including being present during testimony 09 even if the victim is likely to be called as a witness; 10 (B) the adjudication of a minor as provided under 11 AS 47.12.110; 12 (2) the right to be notified by the appropriate law enforcement agency 13 or the prosecuting attorney of any request for a continuance that may substantially 14 delay the prosecution and of the date of trial, sentencing, including a proceeding
01 before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 02 the defendant's release from custody is considered; 03 (3) the right to be notified that a sentencing hearing or a court 04 proceeding to which the victim has been subpoenaed will not occur as scheduled; 05 (4) the right to receive protection from harm and threats of harm 06 arising out of cooperation with law enforcement and prosecution efforts and to be 07 provided with information as to the protection available; 08 (5) the right to be notified of the procedure to be followed to apply for 09 and receive any compensation under AS 18.67; 10 (6) at the request of the prosecution or a law enforcement agency, the 11 right to cooperate with the criminal justice process without loss of pay and other 12 employee benefits except as authorized by AS 12.61.017 and without interference in 13 any form by the employer of the victim of crime; 14 (7) the right to obtain access to immediate medical assistance and not 15 to be detained for an unreasonable length of time by a law enforcement agency before 16 having medical assistance administered; however, an employee of the law 17 enforcement agency may, if necessary, accompany the person to a medical facility to 18 question the person about the criminal incident if the questioning does not hinder the 19 administration of medical assistance; 20 (8) the right to make a written or oral statement for use in preparation 21 of the presentence report of a felony defendant; 22 (9) the right to appear personally at the defendant's sentencing hearing 23 to present a written statement and to give sworn testimony or an unsworn oral 24 presentation; 25 (10) the right to be informed by the prosecuting attorney, at any time 26 after the defendant's conviction, about the complete record of the defendant's 27 convictions; 28 (11) the right to notice under AS 12.47.095 concerning the status of the 29 defendant found not guilty by reason of insanity; 30 (12) the right to notice under AS 33.16.087 of a hearing concerning 31 special medical parole of the defendant;
01 (13) the right to notice under AS 33.16.120 of a hearing to consider or 02 review discretionary parole of the defendant; 03 (14) the right to notice under AS 33.30.013 of the release or escape of 04 the defendant; [AND] 05 (15) the right to be notified orally and in writing of and receive 06 information about the office of victims' rights from the law enforcement officer 07 initially investigating the crime and from the prosecuting attorney assigned to the 08 offense; at a minimum, the information provided must include the address, telephone 09 number, and Internet address of the office of victims' rights; this paragraph 10 (A) applies only to victims of felonies and to victims of class A 11 misdemeanors if the class A misdemeanor is a crime involving domestic 12 violence or a crime against a person under AS 11.41; if the victim is an 13 unemancipated minor, the law enforcement officer and the prosecuting 14 attorney shall also provide the notice required by this paragraph to the parent 15 or guardian of the minor; 16 (B) is satisfied if, at the time of initial contact with the crime 17 victim, the investigating officer and prosecuting attorney each give each crime 18 victim a brochure or other written material prepared by the office of victims' 19 rights and provided to law enforcement agencies for that purpose; and 20 (16) the right to be notified of the location and testing date of a 21 sexual assault examination kit collected from the victim. 22 * Sec. 2. AS 44.41.065(a) is amended to read: 23 (a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 24 assault examination kit is used to gather evidence under AS 18.68.010, [THE 25 AGENCY SHALL] 26 (1) a health care provider that gathers the evidence shall, within 27 seven days after using the sexual assault examination kit to gather the evidence, 28 notify the appropriate law enforcement agency that the sexual assault 29 examination kit is available to be sent to an accredited laboratory in coordination 30 with the Department of Public Safety or a laboratory operated by the 31 Department of Public Safety;
01 (2) a law enforcement agency that is notified by the health care 02 provider under (1) of this subsection or that uses a sexual assault examination kit 03 to gather the evidence shall 04 (A) within 20 [30] days after receiving notification from the 05 health care provider or using the sexual assault examination kit to gather 06 the evidence [THE AGENCY COLLECTS THE SEXUAL ASSAULT 07 EXAMINATION KIT], send the sexual assault examination kit to an 08 accredited laboratory in coordination with the Department of Public Safety or a 09 laboratory operated by the Department of Public Safety; and 10 (B) [(2) ENSURE THAT THE LABORATORY TO WHICH 11 THE SEXUAL ASSAULT EXAMINATION KIT IS SENT UNDER (1) OF 12 THIS SUBSECTION CONDUCTS A SEROLOGICAL OR DNA TEST ON 13 THE SEXUAL ASSAULT EXAMINATION KIT WITHIN SIX MONTHS 14 AFTER THE LABORATORY RECEIVES THE SEXUAL ASSAULT 15 EXAMINATION KIT; AND 16 (3)] within two weeks after the laboratory that receives the sexual 17 assault examination kit under [(1) OF] this subsection completes serological or DNA 18 testing, make a reasonable effort to notify the victim from whom the sexual assault 19 examination kit was collected that the sexual assault examination kit has been tested; 20 and 21 (3) a laboratory to which the sexual assault examination kit is sent 22 shall, within 120 days after the laboratory receives the sexual assault examination 23 kit, conduct a serological or DNA test on the sexual assault examination kit. 24 * Sec. 3. AS 44.41.065(b) is amended to read: 25 (b) A criminal action may not be dismissed nor the evidence deemed 26 nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 27 (2)] of this section. 28 * Sec. 4. AS 44.41.065(c) is amended to read: 29 (c) If a case is resolved before a sexual assault examination kit is tested, a 30 health care provider, law enforcement agency, or laboratory in possession of the 31 sexual assault examination kit is not required to meet the time limits established in
01 (a) of this section. 02 * Sec. 5. AS 44.41.065 is amended by adding a new subsection to read: 03 (e) A health care provider, law enforcement agency, or laboratory in 04 possession of a sexual assault examination kit shall enter information specified by the 05 Department of Public Safety into the sexual assault examination kit tracking system 06 under AS 44.41.067. The information must be entered at the time and in the form and 07 manner specified by the Department of Public Safety. 08 * Sec. 6. AS 44.41 is amended by adding a new section to read: 09 Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 10 Department of Public Safety shall develop and operate a sexual assault examination 11 kit tracking system to track the status and location of a sexual assault examination kit 12 from the point of evidence collection to serological or DNA testing. 13 (b) The sexual assault examination kit tracking system must allow the victim 14 from whom the sexual assault examination kit was collected to access the tracking 15 information associated with the kit and, if the victim chooses, receive automated 16 notifications of the status of the kit. 17 (c) The sexual assault examination kit tracking system is confidential and is 18 not a public record under AS 40.25.110 - 40.25.140, except that the Department of 19 Public Safety may include information from the tracking system in the report required 20 under AS 44.41.070. 21 * Sec. 7. AS 44.41.070(a) is repealed. 22 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: REGULATIONS. The Department of Public Safety may adopt 25 regulations necessary to implement the changes made by this Act. The regulations take effect 26 under AS 44.62 (Administrative Procedure Act) but not before the effective date of the law 27 implemented by the regulation. 28 * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c).