Legislature(2025 - 2026)BUTROVICH 205
02/03/2025 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB69 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 69 | TELECONFERENCED | |
SB 69-SEXUAL ASSAULT EXAMINATION KITS/TRACKING
1:31:05 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 69
"An Act relating to sexual assault examination kits;
establishing the sexual assault examination kit tracking system;
and providing for an effective date."
CHAIR CLAMAN said this is the first hearing of SB 69 in the
Senate Judiciary Committee. He invited Commissioner Cockrell and
Mr. Kanaris to put themselves on the record and present the
Governor's bill.
1:31:59 PM
SENATOR STEVENS joined the meeting.
1:32:09 PM
JAMES COCKRELL, Commissioner, Department of Public Safety,
Anchorage, Alaska, introduced SB 69 on behalf of the
administration. He highlighted the Department of Public Safety's
(DPS) progress in processing sexual assault kits over the past
25 years. He said DPS is now where it should be in terms of its
testing protocols and commended the legislature and the
administration for supporting the improvements. He said Alaska
continues to experience the highest per capita rate of sexual
assaults in the nation. He emphasized that holding offenders
accountable is critical and asserted that the examination of
sexual assault kits is an important component in ensuring
accountability.
COMMISSIONER COCKRELL explained that SB 69 proposes to codify in
statute the practices already in place at DPS. He stated that
DPS seeks to maintain a defined timeline outlining how the State
Crime Lab will examine sexual assault kits, regardless of which
law enforcement agency handled the case. All kits are processed
through the State Crime Lab, which currently houses
approximately 14,000 kits. He noted that a primary goal is to
reduce the processing time.
1:34:10 PM
COMMISSIONER COCKRELL described the Department's tracking
program, which allows sexual assault victims and their advocates
to monitor the status of kits through an app. He emphasized that
fostering victim confidence in the criminal justice system
requires transparency in how sexual assault kits are managed and
examined.
COMMISSIONER COCKRELL stated that SB 69 proposes statutory
changes to reduce processing times, which align with national
standards. The changes would primarily affect health care
providers, law enforcement, and laboratories.
1:35:46 PM
DAVID KANARIS, Chief, Scientific Crime Detection Laboratory,
Department of Public Safety, Anchorage, Alaska, delivered the
sectional analysis and presentation on SB 69.
[Original punctuation provided.]
Senate Bill 69
SEXUAL ASSAULT EXAMINATION KITS/TRACKING
Sectional Analysis Version 34-GH1317\A
Section 1
Amends AS 12.61.010 Rights of crime victims, subsection (a) to
add paragraph (16) to include the right to be notified of
location and testing date of a sexual assault examination kit
that is collected from the victim.
Section 2
Amends AS 44.41.065 Sexual examination kits subsection (a) to
require that within 14 days after gathering the evidence, health
care providers shall notify the appropriate law enforcement
agency that the sexual assault examination kit is available to
be sent to an accredited laboratory in coordination with the
Department of Public Safety. Previously this section was only
applicable to law enforcement agencies.
Requires that a law enforcement agency must send the kit
identified by the health care provider in the scenario above
must send the sexual assault examination kit to an accredited
laboratory in coordination with the Department of Public Safety.
Requires that within 120 days of when a sexual examination kit
is received by the laboratory to which it is sent, the sexual
assault examination kit must be tested within 120 days.
Clarifies that if the case is resolved before the sexual assault
examination kit is tested, then the health care provider, law
enforcement agency, or laboratory in possession of the sexual
assault examination kit is not required to meet the time limits
established in (a) of this section.
1:37:17 PM
Section 3
Amends AS 44.41.065 Sexual examination kits to add subsection
(e), which clarifies that the sexual assault examination kit
information must be entered into the tracking system established
by the Department of Public Safety.
Section 4
Amends AS 44.41 Department of Public Safety to add a new
section, AS 44.41.067 Sexual assault examination kit tracking
system.
Requires the Department of Public Safety to develop and operate
a sexual assault examination tracking system to track status and
location of a sexual assault examination kit from the point of
evidence collection to testing.
Requires that the sexual assault examination kit tracking system
allow the victim to access and, if the victim chooses, to
receive automated notifications of the status of the kit and
when a kit has been tested.
Establishes the sexual assault examination kit tracking system
as confidential and not subject to public records, except that
the Department of Public Safety may use the information to
provide the report required by AS 44.41.070 Report on untested
sexual assault examination kits.
Section 5
Repeals AS 44.41.070 Report on untested sexual assault
examination kits subsection (a).
Section 6
Adds uncodified law to allow the Department of Public Safety to
establish regulations.
Section 7
Provides an immediate effective date for Section 6 of the bill.
1:38:57 PM
SENATOR TOBIN remarked that one in three women have been victims
of sexual assault. She stated that her questions focus on
victims' rights. She referred to paragraph (1) at the bottom of
page 3 and asked whether a victim retains the right to undergo a
sexual assault examination without having the kit transmitted.
1:39:42 PM
MR. KANARIS responded that a victim may elect to submit a kit
anonymously. In such cases, the kit is transmitted to the State
Crime Lab but is not tested until the victim voluntarily
discloses identifying information and chooses to engage further.
1:39:57 PM
SENATOR TOBIN referred to the use of the word "shall" in Section
2 and noted that it appears to mandate transmission of the
evidence once collected. She asked whether this language implies
that the victim's right to withhold transmission would no longer
be honored.
MR. KANARIS confirmed that the kit must be transmitted to the
State Crime Lab; however, it will not be tested unless the
victim voluntarily provides identifying information. If the
victim remains anonymous, the kit will be stored but not
analyzed.
1:40:44 PM
SENATOR TOBIN asked whether these protections are addressed
elsewhere in statute and requested that relevant statutory
references be shared with her office. She affirmed her
commitment to victim and trauma-informed care, noting that such
decisions often require time, and she wants to ensure that
victims' rights are preserved.
MR. KANARIS agreed to provide the requested information to her
office.
1:41:08 PM
COMMISSIONER COCKRELL stated that it is not uncommon for an
anonymous kit donor to later decide they want the kit tested. He
emphasized that if the DPS does not take possession of the kit,
the opportunity to test it is lost. He explained that from a law
enforcement standpoint, if officers respond to a sexual assault
and the victim chooses to remain anonymous, it is still
important that the kit be delivered to the State Crime Lab. This
ensures that if the victim changes their mind in six or seven
years, the evidence is preserved.
COMMISSION COCKRELL expressed his belief that the best practice
is to send sexual assault kits to the State Crime Lab so they
can be forensically processed if the victim later decides to
proceed.
1:42:13 PM
SENATOR TOBIN agreed but said this presents a dilemma for women.
She said for every 100 rapes processed and examined through
kits, only 18 result in prosecution. She pointed out the
difficulty this poses for women, who are most often the victims
of these crimes, particularly when facing the possibility of
retaliation. She emphasized the importance of ensuring that
victims' rights are fully protected.
COMMISSIONER COCKRELL responded that he understood.
1:42:48 PM
SENATOR MYERS asked for the justification behind repealing the
report referenced in Section 5.
MR. KANARIS expressed his understanding that SB 69 does not
repeal the entire report, but rather the requirement for each
law enforcement agency to provide an accurate count of the
sexual assault kits in their possession. He explained that the
kits are now tracked through a centralized kit tracking system,
enabling DPS to compile the report independently. While the
Department will continue to provide the information, it is no
longer necessary to collect the data directly from law
enforcement agencies.
1:43:34 PM
CHAIR CLAMAN raised a question regarding the preservation and
maintenance of evidence, particularly custodial requirements
that could arise if the evidence were later introduced in court.
He questioned whether health care providers are equipped to
collect and indefinitely store evidence for individuals who
choose to remain anonymous. He asked whether there are
advantages, in terms of evidence preservation, to having the
kits sent directly to the State Crime Lab rather than retained
by the private entity that initially collects the evidence.
1:44:16 PM
COMMISSIONER COCKRELL responded that the kits should be
transferred to a law enforcement agency. He explained that
establishing a clear chain of custody is essential, and that
begins when DPS secures the kits in its evidence locker. Once
secured, there is no ambiguity regarding the chain of evidence
from collection through analysis at the State Crime Lab. He
recommended that all anonymous kits be sent to the lab.
1:44:53 PM
CHAIR CLAMAN asked what happens to a rape test kit after the
State Crime Lab completes testing. He inquired whether the kit
remains in the possession of the lab or is destroyed following
completion. He clarified that his question pertains to an
identified kit, not an anonymous one.
1:45:21 PM
MR. KANARIS replied that the State Crime Lab currently stores
over 14,000 sexual assault kits in a temperature-controlled
facility using high-density shelving. He expressed confidence
that the State Crime Lab is the most appropriate entity to store
these kits. He explained that the kits are retained in
perpetuity because circumstances may change over time. Court
cases may take years to progress, and technological advancements
could allow for improved testing in the future. He stated that
the lab may choose to reanalyze previously tested kits as
technology evolves.
MR. KANARIS clarified that unlike other forms of evidence, which
are returned to the originating law enforcement agencies after
analysis, sexual assault kits remain at the State Crime Lab
indefinitely.
CHAIR CLAMAN sought confirmation that the kits remain in the
State Crime Lab even after testing.
MR. KANARIS confirmed that they do.
1:46:24 PM
COMMISSIONER COCKRELL drew attention to slide 6 of the
presentation, which pictures the evidence storage system for
sexual assault examination kits.
1:46:47 PM
MR. KANARIS began his presentation SB 69 Sexual Assault
Examination Kit Tracking System.
MR. KANARIS moved to slide 2, Key Provision:
[Original punctuation provided.]
• Timelines for transmittal and testing of Sexual
Assault Kits
• Codifying the Sexual Assault Kit Tracking System
• Survivor Rights and Transparency
1:47:09 PM
MR. KANARIS moved to slide 3, Time Processing of Kits:
[Original punctuation provided.]
• Medical providers must notify law enforcement within
14 days after evidence collection
• New Requirement
MR. KANARIS stated that current statute does not include a
provision specifying how quickly medical providers must submit
or release evidence to law enforcement. He explained that SB 69
seeks to establish a 14-day time limit for notifying law
enforcement that a kit is ready for pickup.
• Law enforcement must transfer kits to an accredited
laboratory within 20 days
• Currently 30 days
MR. KANARIS stated that under current law, law enforcement
agencies have 30 days to submit kits to the State Crime Lab.
SB 69 proposes reducing that timeframe to 20 days. He explained
that the 20-day period would begin when the medical provider
notifies law enforcement of the release of evidence, at which
point law enforcement would have 20 days to submit the kit to
the lab.
• Laboratory must complete testing within 120 days
• Currently 180 days
1:48:07 PM
MR. KANARIS moved to slide 4, Survivor Rights and Transparency:
[Original punctuation provided.]
• Survivors must be notified when their kits are
tested
MR. KANARIS stated that current statute requires victims to be
notified within 14 days once their kit has been tested, and this
provision is preserved in SB 69. He emphasized that this
notification helps victim survivors engage with the criminal
justice system in a manner that is least traumatic for them.
• The tracking system enables survivors to stay
informed and connected to their case without
compromising their privacy or needing to re-engage
with law enforcement
MR. KANARIS explained that, during development of the sexual
assault kit tracking system, the Department of Public Safety met
with survivor advocacy agencies and victim survivors. A
consistent concern was the difficulty of having to re-engage
with law enforcement agencies in order to obtain updates on the
status of their kits.
• The system ensures survivors can securely monitor
the status of their kits and opt-in for automated
updates
MR. KANARIS said DPS designed the tracking system to allow
victims to monitor the status of their kits securely and
independently. The system enables users to opt in for text or
email notifications when the status of their kit changes.
1:49:22 PM
MR. KANARIS moved to slide 5, Codification of the Sexual Assault
Kit Tracking System:
[Original punctuation provided.]
• Sexual assault examination kit tracking system will
be operated by the Department of Public Safety
MR. KANARIS stated that although the Department of Public Safety
received a federal grant to procure and build the tracking
system, which was deployed in June 2023, that grant will expire
in September 2025. He noted that while the current
administration has been supportive of the sexual assault kit
tracking system, DPS wants to ensure the program is codified in
statute so that future administrations are obligated to maintain
and support the system.
• Data remains confidential to protect survivor
privacy
MR. KANARIS stated that DPS would like the data in the tracking
system to be exempt from Freedom of Information Act (FOIA)
requests. He clarified that the system does not store any
personally identifying information. Instead, victims access the
status of their kits using a barcode, allowing them to track
progress without having any personal data recorded in the
system.
1:50:33 PM
MR. KANARIS moved to slide 6, showing the facility where sexual
assault examination kits are stored. He reflected that when he
began working at the State Crime Lab 12 years ago, he had no
idea of the extent of the problems Alaska faced with domestic
violence and sexual assault. He said it was eye-opening to walk
in and see all of these kits representing the misery of victims.
He stated that it has become a mission for himself and the
Department to help alleviate some of that misery. He expressed
his belief that the kit tracking system is a big step in the
right direction.
1:51:20 PM
SENATOR TOBIN expressed appreciation for the legislation and
asked about the timeline for medical providers. She inquired
whether providers, particularly those in rural Alaska, had given
feedback on their ability to meet the 14-day requirement. She
noted that weather events could disrupt transportation and asked
how such situations might be accommodated if they prevent timely
transmission.
1:51:59 PM
MR. KANARIS reported that data collected from the past year
indicates that, on average, medical providers notify law
enforcement within eight days, well within the 14-day
requirement. He stated that DPS reviewed the data specifically
for rural versus urban providers and found no significant
difference.
1:52:42 PM
SENATOR TOBIN asked whether DPS consulted Child Advocacy Centers
(CACs) on SB 69.
MR. KANARIS replied that he does not have any specific data on
CACs. He expressed his belief that the policy center who works
on the kit tracking system had engaged in those discussions but
he had not personally participated in those meetings. He said he
would follow up and provide an answer.
1:53:21 PM
SENATOR TOBIN remarked that healthcare data in Alaska is not
necessarily immune from bad actors who may attempt to gain
unauthorized access. She acknowledged the use of barcodes in the
kit tracking system, asking whether there is double-end
encryption or other mechanisms in place to ensure that a
victim's privacy is protected as much as it can be.
MR. KANARIS replied that he was unsure of the specific security
requirements or features built into the tracking system. He
stated that DPS had discussed the matter with its Information
Technology Division and believed the strongest safeguard is that
the system contains no personally identifying information. He
explained that unless someone were able to access both the lab's
information management system and match it with the barcode,
they would be unable to determine whose kit it is.
MR. KANARIS likened the tracking system to a package delivery
tracker. Users can follow where a kit is in the process, such as
from collection to shipment and arrival at various locations,
but they cannot see the contents.
MR. KANARIS highlighted a safety feature within the system: a
"safe" button. If a victim survivor is viewing their kit status
and someone unexpectedly enters the room, they can click the
button to instantly redirect the screen to a neutral page, such
as Google, clearing any sensitive information from view.
1:55:11 PM
SENATOR MYERS raised the subject of pressing charges and asked
whether sexual assault examination kits are typically tested
prior to pressing charges.
1:55:33 PM
MR. KANARIS replied that it is probably a mixed bag. In the
absence of results from the sexual assault kit, it depends on
what other evidence is available in the case. He surmised that
law enforcement would hold off on pursuing charges if the kit is
the only evidence.
1:56:03 PM
CHAIR CLAMAN raised a question regarding victims who choose to
remain anonymous and the use of barcodes. He asked whether the
State Crime Lab retains any identifying information linked to a
kit labeled with a barcode. He inquired, specifically, whether
the lab possesses any record of the victim's identity. He asked
whether the lab's records contain anything beyond the barcode
number.
MR. KANARIS replied that lab staff only see the "request for
laboratory services" form and the physical evidence itself.
Unless the submitting agency includes identifying information on
the form or writes something on the packaging, which DPS
instructs against, lab staff would not have access to any
personal information. He explained that the kit remains unopened
and stored on a shelf until the victim chooses to engage with
the process and notifies DPS.
1:57:15 PM
CHAIR CLAMAN asked whether that would start with a local law
enforcement agency.
MR. KANARIS replied, correct.
1:57:37 PM
CHAIR CLAMAN held SB 69 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 69 Version A.pdf |
SJUD 2/3/2025 1:30:00 PM |
SB 69 |
| SB 69 Transmittal Letter 1.21.2025.pdf |
SFIN 4/10/2025 9:00:00 AM SJUD 2/3/2025 1:30:00 PM |
SB 69 |
| SB 69 Sectional Analysis version A 1.31.25.pdf |
SFIN 4/10/2025 9:00:00 AM SJUD 2/3/2025 1:30:00 PM |
SB 69 |
| SB 69 Fiscal Note DPS-SSA 1.21.25.pdf |
SJUD 2/3/2025 1:30:00 PM |
SB 69 |
| SB 69 Department of Public Safety Presentation to the Senate Judiciary Committee 2.3.25.pdf |
SJUD 2/3/2025 1:30:00 PM |
SB 69 |