Bill > H4536

This bill establishes a DNA exception rule for victims of rape by making three key changes to existing Massachusetts law. First, the bill requires that all sexual assault evidence collection kits (commonly known as "rape kits") be retained for at least 15 years, ensuring that physical evidence is preserved for potential future investigation. Second, the bill allows law enforcement to use these kits for investigation purposes, regardless of the statute of limitations for the original offense. Third, the bill creates a legal mechanism that permits indictments or complaints for specific sexual assault offenses to be filed at any time after the offense was committed if the perpetrator's identity is later established through DNA evidence collected at the time of the original crime. This means that even if the standard time limit for pressing charges has expired, prosecutors can still pursue a case if new DNA evidence emerges that identifies the alleged perpetrator. The bill aims to provide more opportunities for sexual assault survivors to seek justice, particularly in cases where technological advances in DNA testing might reveal the identity of an offender long after the initial incident occurred.

Budget and Finance

Joint Committee on the Judiciary (Joint)

https://malegislature.gov/Bills/194/H4536