§ 12-12-401 — Definitions

As used in this subchapter: (1) "Anonymous kit" means a sexual assault collection kit that is collected from a possible victim of a sexual assault who has not decided whether to report the sexual assault to a law enforcement agency; (2) (A) "Appropriate emergency medical-legal examinations" means health care delivered with emphasis on the collection of evidence for the purpose of prosecution. (B) It shall include, but not be limited to, the appropriate components contained in an evidence collection kit for sexual assault examination distributed by the Forensic DNA Section of the State Crime Laboratory; (3) "Law enforcement agency" means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal laws, traffic laws, or highway laws of this state; (4) "Licensed healthcare provider" means a person licensed in a healthcare field who conducts medical-legal examinations or a medical facility that is currently licensed by the Department of Health and providing emergency services; (5) "Medical-legal examination" means health care delivered to a possible victim of a sexual assault, with an emphasis on the gathering and preserving of evidence for the purpose of serving criminal justice; (6) "Sexual assault" means an offense described in § 5-14-101 et seq. or § 5-26-202 ; (7) "Sexual assault collection kit" means a human biological specimen or specimens collected during a medical-legal examination from the alleged victim of a sexual assault; and (8) "Victim" means any person who has been a victim of any alleged sexual assault or incest as defined by § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , and § 5-26-202 .

Legislative History

Amended by Act 2023, No. 619,§ 13, eff. 8/1/2023. Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Acts 1983, No. 403, §§ 1-3; A.S.A. 1947, §§ 41-1820 -- 41-1822; Acts 1991, No. 612, § 1; 2001, No. 993, § 1; 2003, No. 1390, § 3.