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HB20-1228

Protect Survivors' Rights To Rape Kit Evidence

Type Bill
Session 2020 Regular Session
Subjects
Crimes, Corrections, & Enforcement

Concerning forensic medical evidence of sexual assault, and, in connection therewith, making an appropriation.

Bill Summary:

The bill requires the division of criminal justice in the department of public safety (division) and a statewide coalition for sexual assault victims to convene a statewide multidisciplinary committee to research the creation of a existing statewide system systems to track forensic medical evidence related to a sexual assault (medical evidence) whereby victims may access specified information concerning the medical evidence. The division shall report its findings to specified committees of the general assembly.

The bill requires the medical professional collecting the medical evidence to inform victims of the contact information for the nearest sexual assault victim's advocate or confidential victim's advocate , the length of time that medical evidence must be preserved, and their right to be notified of the destruction of the medical evidence.

If a conviction or plea has not been entered in a case, the bill requires the entity holding the medical evidence to notify the victim:

  • When the evidence is submitted to a laboratory for testing;
  • When the results of the testing are received; and
  • Prior to the medical evidence being destroyed and to maintain the medical evidence for an additional 10 years if the victim objects to the destruction.
The bill requires the executive director of the department of public safety to promulgate rules requiring the entity holding medical evidence to maintain the medical evidence until the statute of limitations on commencing a criminal action has passed law enforcement agency to maintain the medical evidence until the statute of limitation has run on the crime and for an additional 10 years if the victim objects to its destruction .

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Lost

Introduced

Lost

Related Documents & Information

Date Version Documents
Reengrossed PDF
03/06/2020 Engrossed PDF
01/31/2020 Introduced PDF
Date Version Documents
03/06/2020 PA2 PDF
02/18/2020 PA1 PDF
Date Version Documents
07/14/2020 FN3 PDF
03/17/2020 FN2 PDF
02/07/2020 FN1 PDF
Date Version Documents
03/04/2020 SA1 PDF
Activity Vote Documents
Postpone House Bill 20-1228 indefinitely. The motion passed on a vote of 5-0. Vote summary
Activity Vote Documents
Adopt amendment L.008 The motion passed without objection. Vote summary
Adopt amendment J.001 The motion passed without objection. Vote summary
Refer House Bill 20-1228, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. Vote summary
Activity Vote Documents
Adopt amendment L.005 The motion passed without objection. Vote summary
Adopt amendment L.004 The motion passed without objection. Vote summary
Adopt amendment L.006 The motion passed on a vote of 7-1. Vote summary
Adopt amendment L.007 The motion passed without objection. Vote summary
Refer House Bill 20-1228, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0. Vote summary
Date Calendar Motion Vote Vote Document
03/09/2020 Third Reading BILL
64
AYE
0
NO
1
OTHER
Vote record
Date Amendment Number Committee/ Floor Hearing Status Documents
03/06/2020 J.001 HOU Appropriations Passed [*] PDF
03/06/2020 L.008 HOU Appropriations Passed [*] PDF
02/13/2020 L.007 HOU Judiciary Passed [*] PDF
02/13/2020 L.006 HOU Judiciary Passed [*] PDF
02/13/2020 L.005 HOU Judiciary Passed [*] PDF
02/13/2020 L.004 HOU Judiciary Passed [*] PDF
Date Location Action
05/27/2020 Senate Senate Committee on Health & Human Services Postpone Indefinitely
03/10/2020 Senate Introduced In Senate - Assigned to Health & Human Services
03/09/2020 House House Third Reading Passed - No Amendments
03/06/2020 House House Second Reading Special Order - Passed with Amendments - Committee
03/06/2020 House House Committee on Appropriations Refer Amended to House Committee of the Whole
02/13/2020 House House Committee on Judiciary Refer Amended to Appropriations
01/31/2020 House Introduced In House - Assigned to Judiciary + Appropriations