1Amending the act of November 29, 2006 (P.L.1471, No.165),
2entitled "An act providing for a sexual assault evidence
3collection program and for powers and duties of the
4Department of Health and the Pennsylvania State Police; and
5establishing civil immunity," further providing for the title
6of the act, for definitions and for sexual assault evidence
7collection program; and providing for rights of sexual
8assault victims.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. The title of the act of November 29, 2006
12(P.L.1471, No.165), known as the Sexual Assault Testing and
13Evidence Collection Act, is amended to read:

14AN ACT

15Providing for a sexual assault evidence collection program and
16for powers and duties of the Department of Health and the
17Pennsylvania State Police; [and] establishing civil immunity; 
18and providing for rights of sexual assault victims.

19Section 2. Section 2 of the act is amended by adding
20definitions to read:

1Section 2. Definitions.

2The following words and phrases when used in this act shall
3have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Awaiting testing." With respect to sexual assault evidence,
6evidence that meets all of the following:

7(1) Has been collected and is in the possession of a
8local law enforcement agency.

9(2) Has not received DNA and other appropriate forensic
10analyses.

11(3) Is related to a criminal case or investigation in
12which final disposition has not been reached.

13"Backlogged evidence." Sexual assault evidence that is
14awaiting testing for six months or more.

15* * *

16"CODIS." The Combined DNA Index System established and
17maintained by the Federal Bureau of Investigation.

18* * *

19"Department." The Department of Health of the Commonwealth.

20"Final disposition." With respect to a criminal case or
21investigation to which sexual assault evidence relates, any of
22the following:

23(1) The conviction or acquittal of all suspected
24perpetrators of the crime involved.

25(2) A determination by the local law enforcement agency
26in possession of the sexual assault evidence that the case is
27unfounded.

28(3) A declaration by the victim of the crime involved
29that the act constituting the basis of the crime was not
30committed.

1"Local law enforcement agency." A police department of a
2city, borough, incorporated town or township, a regional police
3department or campus police.

4* * *

5Section 3. Section 3 of the act is amended to read:

6Section 3. Sexual assault evidence collection program.

7(a) Establishment.--There is hereby established a Statewide
8sexual assault evidence collection program to promote the health
9and safety of victims of sexual assault and to facilitate the
10prosecution of persons accused of sexual assault. This program
11shall be administered by the [Department of Health] department.
12Under this program the [Department of Health] department shall:

13(1) Consult with PCAR and the Pennsylvania State Police
14to develop minimum standard requirements for all rape kits
15used in hospitals and health care facilities in this
16Commonwealth.

17(2) Test and approve commercially available rape kits
18for use in this Commonwealth.

19(3) Review the minimum standard requirements for rape
20kits and prior-approved rape kits every three years to assure
21that rape kits meet state-of-the-art minimum standards.

22(4) Consult with PCAR, the Pennsylvania State Police,
23the International Association of Forensic Nurses, the
24Hospital and Healthsystem Association of Pennsylvania and any
25local SART to establish a program to train hospital, child
26advocacy center and health care facility personnel in the
27correct use and application of rape kits in order to maximize
28the health and safety of the victim and the potential to
29collect useful admissible evidence to prosecute persons
30accused of sexual assault.

1(5) Approve, with concurrence from the Pennsylvania
2State Police and in consultation with PCAR, certain
3laboratories to receive sexual assault evidence for testing
4and analysis under subsection (c). The department shall
5establish guidelines on the criteria that a laboratory must
6meet to be approved under this paragraph within six months of
7the effective date of this paragraph. Laboratories which have
8been approved by the Federal Bureau of Investigation to
9access CODIS or an equivalent federally administered national
10DNA database shall be automatically approved to receive
11sexual assault evidence for testing and analysis under
12subsection (c).

13(b) Duties of Pennsylvania State Police.--

14(1) When requested by a local law enforcement agency,
15district attorneys or the Office of Attorney General, the
16Pennsylvania State Police shall ensure that the analysis and
17laboratory testing of collected evidence, including samples
18that may contain traces of a date rape drug, are
19accomplished. The cost of the testing or analysis shall not
20be the responsibility of the Pennsylvania State Police.

21(2) The Pennsylvania State Police shall include, as part
22of existing training programs for local law enforcement
23agencies, training to ensure that the chain of custody of all
24rape kits is established to minimize any risk of tampering
25with evidence included in the rape kit and to ensure that all
26useful and proper evidence in addition to the rape kit is
27collected at the hospital or health care facility.

28(c) Submission and analysis.--The following shall apply to
29all sexual assault evidence obtained by a health care facility,
30at the request or consent of the victim, on or after the

1effective date of this subsection:

2(1) The health care facility shall notify the local law
3enforcement agency of the jurisdiction where the reported
4sexual assault occurred when the victim has consented to
5release of the evidence. The local law enforcement agency
6shall take possession of the evidence within 72 hours of
7receiving notice. For those cases in which the victim has not
8yet consented to the release, the department, in consultation
9with the Pennsylvania State Police, shall promulgate
10regulations relating to the storage and preservation of the
11evidence.

12(2) Within 15 days of receiving the sexual assault
13evidence, the local law enforcement agency shall submit the
14evidence awaiting testing to a laboratory approved by the
15department for testing or analysis. Except for cases in which
16the local law enforcement agency and the laboratory are the
17same entity, each submission of evidence shall be accompanied
18by the following signed certification:

19"This evidence is being submitted by (name of local law
20enforcement agency) in connection with a reported sexual
21assault and must be completed within six months of
22receipt."

23(3) A laboratory shall complete the testing or analysis
24of all sexual assault evidence submitted pursuant to this
25section within six months from the date of receipt of the
26evidence, if possible. Backlogged evidence shall be reported
27as such by the laboratory to the department and to the local
28law enforcement agency that submitted the evidence.

29(4) The failure of a health care facility or local law
30enforcement agency to submit the sexual assault evidence in

1accordance with paragraph (1) or (2) shall not alter the
2authority of a local law enforcement agency to submit the
3evidence or the authority of a laboratory approved by the
4department to accept and analyze the evidence.

5(d) Inventory.--

6(1) Within six months of the effective date of this
7subsection, each local law enforcement agency shall provide
8written notice to the department, in a form and manner
9prescribed by the department, stating the number of sexual
10assault cases under its jurisdiction before the effective
11date of this subsection for which evidence has not been
12submitted to a laboratory for analysis. A local law
13enforcement agency shall make arrangements with the
14department to ensure that all evidence awaiting testing that
15was collected prior to the effective date of this subsection
16is submitted to an approved laboratory for testing and
17analysis within one year of the submission of notice to the
18department. A laboratory shall complete the testing or
19analysis of the evidence as soon as possible, but no later
20than three years from the date of submission of the evidence
21to the laboratory.

22(2) Within six months of the effective date of this
23subsection, each testing laboratory shall provide written
24notice to the department, in a form and manner prescribed by
25the department, stating the number of sexual assault cases
26under its jurisdiction before the effective date of this
27subsection for which evidence has not been analyzed.

28(e) Backlogged evidence.--

29(1) Each laboratory and local law enforcement agency
30must annually report backlogged evidence data in their

1possession to the department no later than January 31.

2(2) The department shall obtain backlogged evidence data
3from a laboratory or local law enforcement agency if the
4laboratory or local law enforcement agency fails to report
5its backlogged evidence as required by paragraph (1).

6(3) Provided backlogged evidence data exists, the
7department shall compile all of the data into a report. The
8report shall be posted on the department's publicly
9accessible Internet website by April 30 of each year. The
10report shall also be issued to the General Assembly by April
1130 of each year.

12Section 4. The act is amended by adding a section to read:

13Section 5. Rights of sexual assault victims.

14(a) General rule.--In addition to the rights provided under
15the act of November 24, 1998 (P.L.882, No.111), known as the
16Crime Victims Act, a sexual assault victim, guardian of a sexual
17assault victim or close relative of a deceased sexual assault
18victim shall have all of the following rights, if requested by
19the victim, guardian or relative:

20(1) The right to a disclosure of information regarding
21the submission of any evidence for forensic testing that was
22collected from the victim during the investigation of the
23offense, unless disclosing the information would interfere
24with the investigation or prosecution of the offense, in
25which case the victim, guardian or relative shall be informed
26of the estimated date on which the information is expected to
27be disclosed, if known.

28(2) The right to a disclosure of information regarding
29the status of any analysis being performed on any evidence
30that was collected during the investigation of the offense.

1(3) The right to be notified:

2(i)  at the time a request is submitted to a crime
3laboratory to test and analyze any evidence that was
4collected during the investigation of the offense;

5(ii)  at the time of the submission of a request to
6compare any biological evidence collected during the
7investigation of the offense with DNA profiles maintained
8in CODIS, or any other federally administered national
9DNA database, or a state DNA database; and

10(iii)  of whether of the comparison provided under
11subparagraph (ii) resulted in a match, unless disclosing
12the results would interfere with the investigation or
13prosecution of the offense, in which case the victim,
14guardian or relative shall be informed of the estimated
15date on which the results are expected to be disclosed,
16if known.

17(b)  Notification.--

18(1) A victim, guardian or relative who requests to be
19notified under subsection (a)(3) must provide a current
20address and telephone number to the attorney representing the
21Commonwealth and to the local law enforcement agency that is
22investigating the offense. The victim, guardian or relative
23must inform the attorney representing the Commonwealth and
24the local law enforcement agency of any change in the address
25or telephone number.

26(2) A victim, guardian or relative may designate a
27person, including an entity that provides services to victims
28of sexual assault, to receive any notice requested under
29subsection (a)(3).

30(c) Definition.--As used in this section, the term "close

1relative of a deceased sexual assault victim" means an
2individual who:

3(1) was the spouse of a deceased sexual assault victim
4at the time of the victim's death; or

5(2) is a parent or adult brother, sister or child of a
6deceased sexual assault victim.

7Section 5. This act shall take effect as follows:

8(1) The following provisions shall take effect
9immediately:

10(i) The addition of section 3(a)(5) of the act.

11(ii) This section.

12(2) The remainder of this act shall take effect in 60
13days.