Relating to sexual abuse evidence collection kits, including testing, retention, and inventory requirements

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 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 years, or in the case of a minor victim for a minimum of 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 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 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 days after the 50-year retention period required for other kits.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.