§ 21-M:18 — Sexual Assault Survivors' Rights

I. In addition to the rights of a crime victim provided in RSA 21-M:8-k, a sexual assault survivor shall have the following rights:
(a) The right not to be prevented from, or charged for, receiving a medical examination.
(b) The right to:
(1) Have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter;
(2) Be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and
(3) Be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.
(c) The right, if the state intends to destroy or dispose of a sexual assault evidence collection kit or its probative contents before the expiration date of the maximum applicable statute of limitations, to:
(1) Upon written request, receive written notification from the prosecutor or appropriate state official with custody not later than 60 days before the date of the intended destruction or disposal; and
(2) Upon written request, be granted further preservation of the kit or its probative contents.
(d) The right to be informed of the rights under this section.
II. In this subdivision, "sexual assault survivor" includes a deceased victim of sexual assault.

Legislative History

2018, 276:1, eff. Aug. 17, 2018.