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

1definitions to read:

2Section 2. Definitions.

3The following words and phrases when used in this act shall
4have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Awaiting testing." With respect to sexual assault evidence,
7evidence that meets all of the following:

8(1) Has been collected and is in the possession of a
9local law enforcement agency.

10(2) Has not received DNA and other appropriate forensic
11analyses.

12(3) Is related to a criminal case or investigation in
13which final disposition has not been reached.

14"Backlogged evidence." Sexual assault evidence that is
15awaiting testing for six months or more.

16* * *

17"CODIS." The Combined DNA Index System established and
18maintained by the Federal Bureau of Investigation.

19* * *

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

21"Final disposition." With respect to a criminal case or
22investigation to which sexual assault evidence relates, any of
23the following:

24(1) The conviction or acquittal of all suspected
25perpetrators of the crime involved.

26(2) A determination by the local law enforcement agency
27in possession of the sexual assault evidence that the case is
28unfounded.

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

1committed.

2"Local law enforcement agency." A police department of a
3city, borough, incorporated town or township, a regional police
4department or campus police.

5* * *

6Section 3. Section 3 of the act is amended to read:

7Section 3. Sexual assault evidence collection program.

8(a) Establishment.--There is hereby established a Statewide
9sexual assault evidence collection program to promote the health
10and safety of victims of sexual assault and to facilitate the
11prosecution of persons accused of sexual assault. This program
12shall be administered by the [Department of Health] department.
13Under this program the [Department of Health] department shall:

14(1) Consult with PCAR and the Pennsylvania State Police
15to develop minimum standard requirements for all rape kits
16used in hospitals and health care facilities in this
17Commonwealth.

18(2) Test and approve commercially available rape kits
19for use in this Commonwealth.

20(3) Review the minimum standard requirements for rape
21kits and prior-approved rape kits every three years to assure
22that rape kits meet state-of-the-art minimum standards.

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

1accused of sexual assault.

2(5) Approve, with concurrence from the Pennsylvania
3State Police and in consultation with PCAR, certain
4laboratories to receive sexual assault evidence for testing
5and analysis under subsection (c). The department shall
6establish guidelines on the criteria that a laboratory must
7meet to be approved under this paragraph within six months of
8the effective date of this paragraph. Laboratories which have
9been approved by the Federal Bureau of Investigation to
10access CODIS or an equivalent federally administered national
11DNA database shall be automatically approved to receive
12sexual assault evidence for testing and analysis under
13subsection (c).

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

15(1) When requested by a local law enforcement agency,
16district attorneys or the Office of Attorney General, the
17Pennsylvania State Police shall ensure that the analysis and
18laboratory testing of collected evidence, including samples
19that may contain traces of a date rape drug, are
20accomplished. The cost of the testing or analysis shall not
21be the responsibility of the Pennsylvania State Police.

22(2) The Pennsylvania State Police shall include, as part
23of existing training programs for local law enforcement
24agencies, training to ensure that the chain of custody of all
25rape kits is established to minimize any risk of tampering
26with evidence included in the rape kit and to ensure that all
27useful and proper evidence in addition to the rape kit is
28collected at the hospital or health care facility.

29(c) Submission and analysis.--The following shall apply to
30all sexual assault evidence obtained by a health care facility,

1at the request or consent of the victim, on or after the
2effective date of this subsection:

3(1) The health care facility shall notify the local law
4enforcement agency of the jurisdiction where the reported
5sexual assault occurred when the victim has consented to
6release of the evidence. The local law enforcement agency
7shall take possession of the evidence within 72 hours of
8receiving notice. For those cases in which the victim has not
9yet consented to the release, the department, in consultation
10with the Pennsylvania State Police, shall promulgate
11regulations relating to the storage and preservation of the
12evidence.

13(2) Within 15 days of receiving the sexual assault
14evidence, the local law enforcement agency shall submit the
15evidence awaiting testing to a laboratory approved by the
16department for testing or analysis. Except for cases in which
17the local law enforcement agency and the laboratory are the
18same entity, each submission of evidence shall be accompanied
19by the following signed certification:

20"This evidence is being submitted by (name of local law
21enforcement agency) in connection with a reported sexual
22assault and must be completed within six months of
23receipt."

24(3) A laboratory shall complete the testing or analysis
25of all sexual assault evidence submitted pursuant to this
26section within six months from the date of receipt of the
27evidence, if possible. Backlogged evidence shall be reported
28as such by the laboratory to the department and to the local
29law enforcement agency that submitted the evidence.

30(4) The failure of a health care facility or local law

1enforcement agency to submit the sexual assault evidence in
2accordance with paragraph (1) or (2) shall not alter the
3authority of a local law enforcement agency to submit the
4evidence or the authority of a laboratory approved by the
5department to accept and analyze the evidence.

6(d) Inventory.--

7(1) Within six months of the effective date of this
8subsection, each local law enforcement agency shall provide
9written notice to the department, in a form and manner
10prescribed by the department, stating the number of sexual
11assault cases under its jurisdiction before the effective
12date of this subsection for which evidence has not been
13submitted to a laboratory for analysis. A local law
14enforcement agency shall make arrangements with the
15department to ensure that all evidence awaiting testing that
16was collected prior to the effective date of this subsection
17is submitted to an approved laboratory for testing and
18analysis within one year of the submission of notice to the
19department. A laboratory shall complete the testing or
20analysis of the evidence as soon as possible, but no later
21than three years from the date of submission of the evidence
22to the laboratory.

23(2) Within six months of the effective date of this
24subsection, each testing laboratory shall provide written
25notice to the department, in a form and manner prescribed by
26the department, stating the number of sexual assault cases
27under its jurisdiction before the effective date of this
28subsection for which evidence has not been analyzed.

29(e) Backlogged evidence.--

30(1) Each laboratory and local law enforcement agency

1must annually report backlogged evidence data in their
2possession to the department no later than January 31.

3(2) The department shall obtain backlogged evidence data
4from a laboratory or local law enforcement agency if the
5laboratory or local law enforcement agency fails to report
6its backlogged evidence as required by paragraph (1).

7(3) Provided backlogged evidence data exists, the
8department shall compile all of the data into a report. The
9report shall be posted on the department's publicly
10accessible Internet website by April 30 of each year. The
11report shall also be issued to the General Assembly by April
1230 of each year.

13Section 4. The act is amended by adding a section to read:

14Section 5. Rights of sexual assault victims.

15(a) General rule.--In addition to the rights provided under
16the act of November 24, 1998 (P.L.882, No.111), known as the
17Crime Victims Act, a sexual assault victim, guardian of a sexual
18assault victim or close relative of a deceased sexual assault
19victim shall have all of the following rights, if requested by
20the victim, guardian or relative:

21(1) The right to a disclosure of information regarding
22the submission of any evidence for forensic testing that was
23collected from the victim during the investigation of the
24offense, unless disclosing the information would interfere
25with the investigation or prosecution of the offense, in
26which case the victim, guardian or relative shall be informed
27of the estimated date on which the information is expected to
28be disclosed, if known.

29(2) The right to a disclosure of information regarding
30the status of any analysis being performed on any evidence

1that was collected during the investigation of the offense.

2(3) The right to be notified:

3(i)  at the time a request is submitted to a crime
4laboratory to test and analyze any evidence that was
5collected during the investigation of the offense;

6(ii)  at the time of the submission of a request to
7compare any biological evidence collected during the
8investigation of the offense with DNA profiles maintained
9in CODIS, or any other federally administered national
10DNA database, or a state DNA database; and

11(iii)  of whether <-of the comparison provided under
12subparagraph (ii) resulted in a match, unless disclosing
13the results would interfere with the investigation or
14prosecution of the offense, in which case the victim,
15guardian or relative shall be informed of the estimated
16date on which the results are expected to be disclosed,
17if known.

18(b)  Notification.--

19(1) A victim, guardian or relative who requests to be
20notified under subsection (a)(3) must provide a current
21address and telephone number to the attorney representing the
22Commonwealth and to the local law enforcement agency that is
23investigating the offense. The victim, guardian or relative
24must inform the attorney representing the Commonwealth and
25the local law enforcement agency of any change in the address
26or telephone number.

27(2) A victim, guardian or relative may designate a
28person, including an entity that provides services to victims
29of sexual assault, to receive any notice requested under
30subsection (a)(3).

1(c) Definition.--As used in this section, the term "close
2relative of a deceased sexual assault victim" means an
3individual who:

4(1) was the spouse of a deceased sexual assault victim
5at the time of the victim's death; or

6(2) is a parent or adult brother, sister or child of a
7deceased sexual assault victim.

8Section 5. This act shall take effect as follows:

9(1) The following provisions shall take effect
10immediately:

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

12(ii) This section.

13(2) The remainder of this act shall take effect in 60
14days.