Relating to victims of sexual assault including sexual abuse evidence, notification of rights, HIV-related testing of a convicted or alleged assailant, and testing, reporting, and counseling of a victim, and making penalties applicable

The bill requires the law enforcement agency to notify the reported victim in writing, not later than days before the intended date of disposal of the kit, the reason for disposal of the kit, and the options that remain available for retention and analysis of the kit, if any. Upon written request of the reported victim, the law enforcement agency shall provide further preservation of the kit or its probative contents.22 provides that if a law enforcement officer has reason to believe that a sexual assault has occurred, the officer is required to provide the victim with immediate and adequate notice of the victim’s rights. The bill amends the information required to be included in the document explaining the victim’s rights to include: you have the right to a sexual assault examination performed at state expense and the right not to be prevented from receiving a sexual assault examination. If you choose to have a sexual assault examination, you have the right to have a sexual assault examination kit or its probative contents preserved, without charge, for years, or in the case of a minor victim, for the lifetime of the minor victim.10(6). You have the right to be informed of the results of a sexual examination kit if such disclosure will not impede or compromise an ongoing investigation. You have the right to be informed of the status and location of a sexual assault evidence collection kit, and at least days prior to the intended disposal of your sexual assault examination kit, you have the right to be notified in writing by a law enforcement agency of the intended disposal. This notice is required so that you can make a written request for further preservation of the kit or its probative contents. Current law provides that if a person is convicted of sexual assault or adjudicated delinquent for an act of sexual assault, the county attorney, if requested by the petitioner, shall petition the court for an order requiring the convicted offender to submit to an HIV-related test, and provides for a hearing. The bill removes the petition and hearing requirements and provides that unless a petitioner chooses to be represented by private counsel, the county attorney shall represent the victim’s interest. A person who is an alleged sexual assault offender shall, at the direction of the court or upon the request of the victim of the alleged offense, undergo a standard diagnostic test approved by the United States food and drug administration for HIV infection and other sexually transmitted infections. If the person refuses to submit voluntarily to the test, the court shall order the person to submit to the test. On request of the victim, the court shall order the defendant to undergo the test within hours after the defendant is charged for the offense. If the victim requests testing of the defendant and a law enforcement agency is unable to locate the defendant during the 48-hour period, the running of the 48-hour period is tolled until a law enforcement agency locates the defendant and the defendant is present in the jurisdiction.42 shall be disclosed to the convicted or alleged offender and to the victim as soon as practicable. In addition to the victim and the convicted or alleged offender, test results shall only be disclosed to: the physician or other practitioner who performs the test; the victim counselor or person requested by the victim to provide counseling regarding the HIV-related test and results; the physician of the victim if requested by the victim; the parent, guardian, or custodian of the victim, if the victim is a minor; and the county attorney. If testing is ordered, the court shall also order periodic testing of the convicted or alleged offender prior to trial and during the period of incarceration, probation, or parole or as medically necessary.