Protect Survivors' Rights To Rape Kit Evidence

The act requires the medical professional collecting medical evidence for a rape kit to inform the rape 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 act creates the following rights, upon request, for a victim 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 victim's rights under law after the exam has been completed.

The act 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 this bill as enacted.)