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HB21-1143

Protect Survivors' Rights To Rape Kit Evidence

Concerning forensic medical evidence of sexual assault.
Session:
2021 Regular Session
Subject:
Crimes, Corrections, & Enforcement
Bill Summary

The bill requires the medical professional collecting the medical evidence to inform a victim 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 the victim's right to be notified of the destruction of the medical evidence.

The bill creates the following rights, upon request, for victims of a sex crime:

  • The right to be notified that evidence has been submitted for testing;
  • The right to be notified when the law enforcement agency has received the results of the analysis;
  • The right to be informed of whether a DNA sample was obtained from the analysis and whether or not there are matches to DNA profiles in state or federal databases;
  • The right to be informed at least 60 days prior to the destruction of forensic medical evidence collected in connection with the alleged sex offense;
  • The right to file, prior to the expiration of the 60-day period, an objection to the destruction of the forensic medical evidence;
  • The right to be informed of any change in status of the case, including if the case has been closed or reopened; and
  • The right to receive a physical document identifying the rights under law after the exam has been completed.

The bill directs a 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: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed

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Bill Text

  • All Versions (5 )
    Date Bill Type Documents
    04/28/2021 Rerevised PDF
    04/27/2021 Revised PDF
    03/30/2021 Reengrossed PDF
    03/29/2021 Engrossed PDF
    03/02/2021 Introduced PDF