Bill > SF191

Introduced Session

This bill relates to sexual abuse evidence collection kits, including testing, retention, and inventory requirements. The bill provides that a health care provider conducting a forensic medical examination and utilizing a sexual abuse evidence collection kit (kit) shall contact the law enforcement agency under whose jurisdiction the sexual abuse offense occurred within 24 hours after the evidence was collected from a victim to notify the law enforcement agency to collect and store the kit. The bill provides that the law enforcement agency collecting the evidence shall obtain the kit from a health care provider within three days of receiving notification from a health care provider that evidence has been collected from a victim. The bill provides that a law enforcement agency shall store a kit for a minimum of 50 years, or in the case of a minor victim for a minimum of 50 years after the minor reaches the age of majority, even if the reported victim of sexual abuse has not filed a criminal complaint. The bill provides that a law enforcement agency shall transfer a kit to a laboratory for analysis within 7 days of obtaining a kit from a health care provider, and that the laboratory receiving a kit from a law enforcement agency shall conduct an analysis of the evidence collected from a victim’s forensic medical examination within 30 days of receipt of the kit. The laboratory shall conduct testing to develop a DNA profile that is eligible for entry into the national DNA index system and the state DNA index system. If a complete DNA profile is not established from the DNA sample, the laboratory shall evaluate the case to determine if any other DNA profiling results can be used for investigative purposes. In a case in which the testing results in a DNA profile, the laboratory shall enter the full profile into the national DNA index system and the state DNA index system. If the laboratory is unable to meet the analysis and documentation time requirements, the laboratory shall transfer an untested kit to an accredited private laboratory. The bill provides that a law enforcement agency in possession of an anonymous kit may dispose of the kit 30 days after the 50-year retention period required for other kits. The bill provides that by January 15, 2026, and annually thereafter, all medical facilities, law enforcement agencies, laboratories, and any other facilities that receive, maintain, store, or preserve kits shall submit a report containing all of the following information to the department of public safety (DPS): the total number of all untested kits in the possession of each medical facility, law enforcement agency, laboratory, or any other facility that receives, maintains, stores, or preserves kits; whether the sexual abuse was reported to law enforcement, or the victim chose not to file a report with law enforcement; for medical facilities, the date the kit was reported to law enforcement, and the date the kit was picked up from the facility by law enforcement; for law enforcement agencies, the date the kit was picked up from a medical facility, the date the kit was submitted to a laboratory, and for any kit not submitted to a laboratory, the reasons for not submitting the kit; for laboratories, the date the kit was received from law enforcement and from which agency the kit was received, the date the kit was tested, the date any resulting information was entered into any state or national DNA index system, or reasons for not testing a kit or entering information into a DNA index system; the total number of kits in the possession of the entity for more than 30 days beyond the statutory requirements specified in Code section 709.10; and the total number of kits destroyed by the entity, and the reasons for the destruction of the kits. The bill provides that DPS shall compile the data from the reports into a summary report that shall include a list of all agencies or facilities that failed to participate in the required inventory. The annual summary report shall be made publicly available on DPS’s website and shall be submitted to the governor and the general assembly.

AI Summary

Committee Categories

Liz Bennett (D)*,  Tony Bisignano (D)*,  Matt Blake (D)*,  Molly Donahue (D)*,  Bill Dotzler (D)*,  Janet Petersen (D)*,  Herman Quirmbach (D)*,  Art Staed (D)*,  Thomas Townsend (D)*,  Sarah Trone Garriott (D)*,  Janice Weiner (D)*,  Cindy Winckler (D)*, 

Subcommittee: Schultz, Blake, and Bousselot. S.J. 194. (on 02/04/2025)

Official Document