00 CS FOR HOUSE BILL NO. 31(FIN) 01 "An Act relating to law enforcement training in domestic violence and sexual assault; 02 relating to sexual assault investigation protocols; requiring an inventory and reports on 03 untested sexual assault examination kits; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 three following  04 types of 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;  09 (2) a medical 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 participate in the criminal justice system;  12 the person who collects the evidence shall provide to the appropriate law  13 enforcement agency personal identifying information of the victim and release  14 the evidence collected for testing and preservation in accordance with  15 AS 12.36.200; or  16 (3) an anonymous report if a victim wants to obtain a medical  17 forensic examination with evidence collection but, at the time of the medical  18 forensic examination, chooses not to have personal identifying information  19 provided to law enforcement or to participate in the criminal justice system; the  20 person who collects the evidence shall release the evidence to the appropriate law  21 enforcement agency for preservation in accordance with AS 12.36.200 but may  22 not provide personal identifying information of the victim to the law enforcement  23 agency; the law enforcement agency shall assign a unique identifying number to  24 the evidence, and the person who collects the evidence shall record the number  25 and provide the number to the victim.  26  * Sec. 5. AS 18.68.020 is amended by adding a new subsection to read: 27 (c) In this section, "vulnerable adult" has the meaning given in AS 47.24.900. 28  * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 REPORT ON UNTESTED SEXUAL ASSAULT EXAMINATION KITS. (a) By 31 September 1, 2017, each law enforcement agency and state department charged with the 01 maintenance, storage, and preservation of sexual assault examination kits shall conduct an 02 inventory of untested sexual assault examination kits and report, in writing, to the Department 03 of Public Safety the number of untested sexual assault examination kits in the possession of 04 the agency or department and the date on which each sexual assault examination kit was 05 collected. 06 (b) By November 1, 2017, the Department of Public Safety shall prepare and transmit 07 a report to the president of the senate and the speaker of the house of representatives that 08 contains 09 (1) the number of untested sexual assault examination kits stored by each law 10 enforcement agency or department; 11 (2) the date each untested sexual assault examination kit was collected; and 12 (3) a plan for addressing the backlog and prevention of a backlog of untested 13 sexual assault examination kits. 14 (c) The Department of Public Safety shall deliver a copy of the report prepared under 15 (b) of this section to the senate secretary and the chief clerk of the house of representatives 16 and notify the legislature that the report is available. 17 (d) In this section, "untested sexual assault examination kit" means a sexual assault 18 examination kit with evidence that 19 (1) has been collected but that has not been submitted to a laboratory operated 20 or approved by the Department of Public Safety for either a serological or DNA test; or 21 (2) has been collected and submitted to a laboratory operated or approved by 22 the Department of Public Safety but that has not had a serological or DNA test conducted on 23 the evidence. 24  * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 25  * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect January 1, 2018.