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.
00Enrolled 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.