§ 181A.328 — Committee on tracking of sexual assault forensic evidence; statewide electronic sexual assault forensic evidence kit tracking system

Oregon § 181A.328

• Jurisdiction: Oregon
• Vol.: 5
• Title 18: Executive Branch; Organization
• Ch. 181A: State Police; Crime Reporting and Records; Public Safety Standards and Training

Text

(1) The Department of State Police shall establish a multidisciplinary committee on the tracking of sexual assault forensic evidence kits. The committee shall:
(a) Develop recommendations for establishing a statewide electronic sexual assault forensic evidence kit tracking system.
(b) Identify and pursue state and federal funding to establish the tracking system, including grants.
(c) Be composed of members that include law enforcement professionals, crime lab personnel, prosecutors, victim advocates, victim attorneys, survivors and Sexual Assault Nurse Examiners or Sexual Assault Forensic Examiners.
(d) Monitor the tracking system’s implementation for at least two years and recommend necessary modifications.
(2) The department shall implement the recommendations of the multidisciplinary committee and create and maintain the statewide electronic sexual assault forensic evidence kit tracking system. The department may contract with public or private entities, including but not limited to private software and technology providers, for the creation, operation and maintenance of the tracking system. The tracking system must:
(a) Record the status of sexual assault forensic evidence kits from the collection site throughout the criminal justice process, including but not limited to the initial collection at medical facilities, inventory and storage by law enforcement agencies or crime labs, analysis at crime laboratories and storage or destruction after completion or analysis.
(b) Allow all agencies or facilities that receive, maintain, store or preserve sexual assault forensic evidence kits to update the status and location of the kits.
(c) Allow a victim of sexual assault, or a parent or guardian of a victim if the victim is a minor, to anonymously access the system and to receive updates regarding the location of the victim’s sexual assault forensic evidence kit and the status of analysis, including but not limited to the initiation and completion of testing.
(d) Use electronic technology that allows continuous access to the tracking system by victims, medical facilities, law enforcement agencies, prosecutors, private laboratories and crime laboratories.
(3)(a) The department may phase in the requirement of initial participation in the tracking system according to region, volume of sexual assault forensic evidence kits or other appropriate classifications.
(b) Notwithstanding paragraph (a) of this subsection, all law enforcement agencies, medical facilities, crime laboratories and other facilities that receive, maintain, store or preserve sexual assault forensic evidence kits are required to fully participate in the tracking system within one year of the tracking system’s initial date of operation.
(4) Records and information within the tracking system described in this section are exempt from disclosure under ORS 192.311 to 192.478.

Legislative History

2018 c.55 §2