02/07/2017 03:00 PM House STATE AFFAIRS

             HB 31-SEXUAL ASSAULT EXAMINATION KITS                                                                          
                                                                                                                                
3:12:32 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the first  order of business                                                               
would be HOUSE  BILL NO. 31, "An Act requiring  the Department of                                                               
Public Safety  to develop  a tracking  system and  collection and                                                               
processing   protocol  for   sexual  assault   examination  kits;                                                               
requiring  law  enforcement  agencies   to  send  sexual  assault                                                               
examination kits  for testing within 18  months after collection;                                                               
requiring  an inventory  and reports  on untested  sexual assault                                                               
examination kits; and providing for an effective date."                                                                         
                                                                                                                                
3:13:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GERAN TARR,  Alaska State  Legislature, as  prime                                                               
sponsor of HB 31, referred  to information from the Department of                                                               
Public Safety  (DPS) that  was provided  in the  committee packet                                                               
and explained that  the "untested kits" are  the 100-plus [sexual                                                               
assault  examination]  kits  sent  to the  DPS  Scientific  Crime                                                               
Detection Laboratory ("the crime lab")  for processing.  She went                                                               
on  to say  the "backlog"  comprises 3,600  untested kits,  which                                                               
will be tested using U.S. Department of Justice (DOJ) funds.                                                                    
                                                                                                                                
REPRESENTATIVE  TARR responded  to a  concern brought  forward by                                                               
Keeley Olson, Executive Director,  Standing Together Against Rape                                                               
(STAR),  during  the  House   State  Affairs  Standing  Committee                                                               
meeting   of  2/2/17,   regarding  anonymous   victim  reporting.                                                               
Representative  Tarr  attested  that   nothing  in  HB  31  would                                                               
interfere with  the provision of  the Violence Against  Women Act                                                               
(VAWA) [of  1994], which allows  a victim to  have a rape  kit be                                                               
collected  and retained  until  such time  the  victim wishes  to                                                               
pursue  a criminal  case.   She  noted  that biological  evidence                                                               
needs to be collected within 90 hours to be usable.                                                                             
                                                                                                                                
3:14:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH  asked if all of  the 3,600 kits need  to be                                                               
processed, or  if some will be  held back for legal  reasons.  He                                                               
asked  for   clarification  relating  to  the   limitations,  the                                                               
anonymity, and the chain of custody requirements.                                                                               
                                                                                                                                
REPRESENTATIVE TARR said the kits  are handled as evidence, as in                                                               
any criminal  case, and  chain of  [custody] is  maintained while                                                               
the kits are  in possession of law enforcement.   She stated that                                                               
for anonymous  victim reporting in  Anchorage, STAR  would retain                                                               
possession  of  the  kits  because the  victim  is  not  pursuing                                                               
criminal charges.                                                                                                               
                                                                                                                                
3:16:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX moved  to report  HB 31  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There  being no objection, HB 31 was  reported out of the                                                               
House State Affairs Standing Committee.