PRINTER'S NO. 3514
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2419
Session of
2018
INTRODUCED BY SCHLOSSBERG, V. BROWN, DAVIS, ENGLISH, FRANKEL,
KIRKLAND, KRUEGER-BRANEKY, MADDEN, J. McNEILL, MURT,
M. QUINN, ROZZI, SCHWEYER, SIMS, SNYDER, THOMAS AND WATSON,
MAY 8, 2018
REFERRED TO COMMITTEE ON JUDICIARY, MAY 8, 2018
AN ACT
Amending the act of November 29, 2006 (P.L.1471, No.165),
entitled "An act providing for a sexual assault evidence
collection program and for powers and duties of the
Department of Health and the Pennsylvania State Police;
establishing civil immunity; and providing for rights of
sexual assault victims," further providing for sexual assault
evidence collection program and for rights of sexual assault
victims.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3 and 5 of the act of November 29, 2006
(P.L.1471, No.165), known as the Sexual Assault Testing and
Evidence Collection Act, are amended by adding subsections to
read:
Section 3. Sexual assault evidence collection program.
* * *
(c.1) Anonymous submissions.--The following shall apply to
sexual assault evidence obtained by a health care facility at
the request or with the consent of the victim who does not wish
to make a report to law enforcement:
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(1) Within 24 hours of collection of the sexual assault
evidence, the health care facility shall notify the local law
enforcement agency of the jurisdiction where the reported
sexual assault occurred. If the victim does not wish to state
where the sexual assault occurred, the health care facility
shall notify the Pennsylvania State Police. The local law
enforcement agency or Pennsylvania State Police shall take
possession of the sexual assault evidence within 72 hours of
receiving notice.
(2) The Pennsylvania State Police shall develop a form
for the health care facility to attest that the victim gave
consent and wishes to remain anonymous. The Pennsylvania
State Police shall also develop a procedure to track the rape
kit which permits the victim to make a report to law
enforcement and preserves the evidence for at least two
years.
(3) Within 15 days of receiving notice on the required
form of consent to the testing of the sexual assault
evidence, the local law enforcement agency or Pennsylvania
State Police shall submit the evidence awaiting testing to a
laboratory approved by the department for testing or
analysis.
(4) A laboratory shall complete the testing or analysis
of sexual assault evidence submitted under this section
within six months from the date of receipt of the evidence.
Backlogged evidence shall be reported by the laboratory to
the department and to the local law enforcement agency or the
Pennsylvania State Police.
(5) The failure of a health care facility, local law
enforcement agency or the Pennsylvania State Police to submit
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the sexual assault evidence in accordance with paragraph (1)
or (3) shall not alter the authority of a local law
enforcement agency or the Pennsylvania State Police to submit
the evidence or the authority of a laboratory approved by the
department to accept and analyze the evidence.
* * *
Section 5. Rights of sexual assault victims.
* * *
(b.1) Anonymous reporters.--
(1) A victim who has chosen to make an anonymous report
may still elect to receive notification under this section.
(2) The form for consent for anonymous testing shall
include a provision for submission of contact information for
a victim requesting notification.
(3) The contact information provided for the purposes of
notification shall not be used for any other purpose,
including contacting the victim for investigative purposes.
* * *
Section 2. This act shall take effect in 60 days.
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