§ 12-12-406 — Sexual assault collection kits - Submission for testing

(a) (1) A licensed healthcare provider that has collected required victim information as part of a medical-legal examination shall enter the required victim information into a sexual assault collection kit tracking system of the State Crime Laboratory before transferring the sexual assault collection kit to a law enforcement agency with jurisdiction. (2) The system described in subdivision (a)(1) of this section shall provide secure electronic access that allows a law enforcement agency, a licensed healthcare provider, the laboratory, and a victim to access tracking information. (3) A sexual assault collection kit or an anonymous kit collected by a licensed healthcare provider shall be taken into custody by a law enforcement agency as soon as possible and within three (3) business days of notice from the licensed healthcare provider. (b) (1) A law enforcement agency that receives a sexual assault collection kit from a licensed healthcare provider shall enter all necessary information into the system described in subdivision (a)(1) of this section. (2) A law enforcement agency that receives a sexual assault collection kit from a licensed healthcare provider that relates to a report of a sexual assault that occurred outside of the jurisdiction of the law enforcement agency shall have the sexual assault collection kit delivered to the law enforcement agency having jurisdiction within ten (10) days of learning that the other law enforcement agency has jurisdiction. (c) A sexual assault collection kit or an anonymous kit shall be submitted to the laboratory by the receiving law enforcement agency using the sexual assault collection kit tracking number as soon as possible, but no later than fifteen (15) days after receipt of the sexual assault collection kit or anonymous kit. (d) (1) If a victim for whom victim information has been entered into a sexual assault collection kit tracking system chooses to report the sexual assault to the law enforcement agency with jurisdiction, the law enforcement agency with jurisdiction shall submit a request to the laboratory with all known information so that the victim's sexual assault collection kit results can be located at the laboratory and released. (2) A law enforcement agency with jurisdiction shall submit the request required under subdivision (d)(1) of this section to the laboratory as soon as possible, but no later than fifteen (15) days after the victim reports the sexual assault to the law enforcement agency with jurisdiction. (e) If available, a suspect standard or a consensual partner elimination standard shall be submitted to the laboratory: (1) With the sexual assault collection kit, if available, at the time the sexual assault collection kit is submitted; or (2) As soon as possible, but no later than fifteen (15) days from the date the sexual assault collection kit was obtained by the law enforcement agency, if the suspect standard or consensual partner elimination standard is not obtained until after the sexual assault collection kit is submitted. (f) (1) The laboratory shall test all sexual assault collection kits that are received from a law enforcement agency with the goal of developing autosomal DNA profiles that are eligible for entry into the Combined DNA Index System. (2) Sexual assault collection kits shall be tested by the laboratory and the tests completed within sixty (60) days of receipt from the law enforcement agency. (3) The ability of the laboratory to complete all tests within sixty (60) days of receipt may be dependent upon the following factors: (A) The number of sexual assault collection kits that the laboratory receives; (B) The technology and improved testing methods available; (C) The establishment of a fully trained and dedicated staff to meet the caseload; and (D) The number of lab requests received relating to other crime categories. (4) Failure to meet a deadline established under this subsection or administrative rule is not a basis for dismissal of a criminal action or a bar to the admissibility of the evidence in a criminal action. (g) A law enforcement agency may contract with one (1) or more parties to assist in meeting the requirement stated in subsection (c) of this section.

Legislative History

Amended by Act 2023, No. 558,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 558,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 558,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Added by Act 2019, No. 839,§ 1, eff. 7/24/2019.