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Bill > HF356


IA HF356

IA HF356
A bill for an act relating to sexual abuse evidence collection kits.


summary

Introduced
02/12/2025
In Committee
02/12/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to sexual abuse evidence collection kits. 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 cases where 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 crime 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.

AI Summary

This bill addresses procedures for handling sexual abuse evidence collection kits, introducing several key changes to existing law. The bill requires healthcare providers conducting forensic medical examinations to contact law enforcement within 24 hours after collecting evidence, and mandates that law enforcement obtain the kit from the healthcare provider within three days. It significantly extends the required storage period for these kits from 15 to 50 years (or 50 years after a minor reaches majority), even if no criminal complaint is filed. The bill also establishes new requirements for laboratory analysis, stipulating that labs must analyze the kit within 30 days of receipt, develop a DNA profile for entry into national and state DNA index systems, and evaluate alternative DNA profiling options if a complete profile cannot be established. Additionally, the bill defines several technical terms related to DNA and forensic evidence, such as "DNA profile" and "national DNA index system". For anonymous kits, law enforcement may dispose of the kit 30 days after the 50-year retention period. These changes aim to improve the preservation and potential use of sexual abuse evidence, potentially increasing the chances of solving sexual abuse cases and bringing perpetrators to justice.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, referred to Judiciary. H.J. 305. (on 02/12/2025)

bill text


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