Exception.
1.The state crime laboratory shall develop and implement a statewide sexual assault
evidence collection kit tracking system. The director of the state crime laboratory may
contract with public or private entities, including private software and technology
providers for the creation, operation, and maintenance of the system.
2.All medical providers, law enforcement agencies, forensic laboratories, or other
persons or entities that collect evidence for, or receive, store, analyze, maintain, or
preserve sexual assault kits, shall participate in the statewide sexual assault evidence
collection kit tracking system for the purpose of tracking the location and status of all
sexual assault kits in their custody. Participation must begin according to the
implementation schedule establi
Free access — add to your briefcase to read the full text and ask questions with AI
Exception.
1. The state crime laboratory shall develop and implement a statewide sexual assault
evidence collection kit tracking system. The director of the state crime laboratory may
contract with public or private entities, including private software and technology
providers for the creation, operation, and maintenance of the system.
2. All medical providers, law enforcement agencies, forensic laboratories, or other
persons or entities that collect evidence for, or receive, store, analyze, maintain, or
preserve sexual assault kits, shall participate in the statewide sexual assault evidence
collection kit tracking system for the purpose of tracking the location and status of all
sexual assault kits in their custody. Participation must begin according to the
implementation schedule established by the state crime laboratory.
3. The statewide sexual assault evidence collection kit tracking system must:
a. Track the location and status of each sexual assault kit throughout the criminal
justice process, including the initial collection during examinations performed at
medical facilities, receipt and storage at law enforcement agencies, receipt and
analysis at forensic laboratories, storage, and any destruction of the kit after the
applicable evidence is analyzed;
b. Allow participating entities that have custody of sexual assault kits to update and
track the status and location of the kits;
c. Allow victims of sexual assault to track or receive updates anonymously
regarding the status of their sexual assault kits; and
d. Use electronic or other technologies that allow for continuous access.
4. The state crime laboratory may phase in the requirement of initial participation in the
statewide sexual assault evidence collection kit tracking system according to region,
volume of sexual assault forensic evidence kits, or other appropriate classifications. All
law enforcement agencies, medical providers, forensic laboratories, or other persons
that collect evidence for, or receive, store, analyze, maintain, or preserve sexual
assault forensic evidence kits are required to participate fully in the tracking system
within one year of the tracking system's initial date of operation.
5. Annually, the state crime laboratory shall post a report on the statewide sexual assault
evidence collection kit tracking system on the attorney general's website. The report
must include the:
a. Total number of sexual assault kits in the system statewide and by jurisdiction;
b. Total and semiannual number of sexual assault kits where forensic analysis has
been completed both statewide and by jurisdiction;
c. Number of sexual assault kits added to the system in the reporting period both
statewide and by jurisdiction;
d. Total and semiannual number of sexual assault kits where forensic analysis has
been requested but not completed both statewide and by jurisdiction; and
e. Total and semiannual number of sexual assault kits destroyed or removed from
the system both statewide and by jurisdiction.
6. Records and information within the tracking system described in this section are
exempt from disclosure under section 44-04-18.