Legislature(2023 - 2024)

2024-01-18 House Journal

Full Journal pdf

2024-01-18                     House Journal                      Page 1305
HB 275                                                                                                                        
HOUSE BILL NO. 275 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to sexual assault examination kits; establishing                                                          
     the sexual assault examination kit tracking system; and providing                                                          
     for an effective date."                                                                                                    
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Finance Committees.                                                                                                         
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Public Safety                                                                                              
                                                                                                                                
The Governor's transmittal letter dated January 16 follows:                                                                     
                                                                                                                                
"Dear Speaker Tilton:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill to establish timelines for                                                               
submitting sexual assault examination kits to the lab for testing and to                                                        
establish a sexual assault examination kit tracking system. The                                                                 
amendments in this bill will assist in the timely transmission and                                                              
testing of sexual assault examination kits, as well as assist victims in                                                        
tracking the kits associated with their cases.                                                                                  
                                                                                                                                
When a sexual assault examination kit is used to collect evidence, it is                                                        
the responsibility of law enforcement to submit that kit to the lab for                                                         
testing. This means that if a health care provider uses a sexual assault                                                        

2024-01-18                     House Journal                      Page 1306
examination kit to collect evidence, law enforcement is responsible for                                                         
picking up the kit from the health care provider and submitting it to                                                           
the lab. Current law contains timelines for law enforcement agencies                                                            
to submit sexual assault examination kits to the lab for testing;                                                               
however, the law does not include timelines for the health care                                                                 
providers who collect evidence using the kits to notify law                                                                     
enforcement that the kits are available for pickup.                                                                             
                                                                                                                                
Therefore, this legislation requires health care providers to notify law                                                        
enforcement that a kit is available for pickup within seven days of                                                             
using the kit to collect evidence. Adding this timeline for health care                                                         
providers will help ensure that sexual assault examination kits do not                                                          
sit awaiting pickup and submission longer than necessary. This will, in                                                         
turn, help ensure that sexual assault examination kits are processed in                                                         
a timelier manner as intended by the underlying statute.                                                                        
                                                                                                                                
Additionally, this legislation establishes a sexual assault examination                                                         
kit tracking system. The tracking system will be used throughout the                                                            
collection and testing process. Health care providers and law                                                                   
enforcement will be able to upload information about when a kit was                                                             
collected and sent to the lab. The lab will also be able to update the                                                          
information as the kit is processed for testing. Victims will have the                                                          
ability to log into the system and see where the kit associated with                                                            
their case is in the process. They may even elect to receive automated                                                          
notifications as the kit moves through the process. Requiring the use of                                                        
the sexual assault examination kit tracking system at every phase of                                                            
the process will go a long way towards helping victims stay informed.                                                           
                                                                                                                                
These changes will help ensure timely processing of important                                                                   
evidence and will help increase transparency and accountability as                                                              
sexual assault examination kits moves through the process. This is the                                                          
least we can do for the victims of these horrendous crimes.                                                                     
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"