PRINTER'S NO. 231
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
302
Session of
2015
INTRODUCED BY TEPLITZ, RAFFERTY, TARTAGLIONE, FONTANA, BREWSTER,
HUGHES, SMITH, COSTA AND SCHWANK, JANUARY 27, 2015
REFERRED TO JUDICIARY, JANUARY 27, 2015
AN ACT
Providing for report on submission of sexual assault evidence.
The General Assembly finds and declares as follows:
(1) Deoxyribonucleic acid (DNA) forensic identification
analysis is a powerful law enforcement tool for identifying
sexual assault evidence and using it in investigations and
prosecutions.
(2) Victims of sexual assault and their advocates and
allies have a strong interest in the investigation and
prosecution of their cases.
(3) Law enforcement agencies have an obligation to
victims of sexual assault in the proper handling, retention
and timely DNA testing of rape kit evidence or other crime
scene evidence.
(4) Timely DNA analysis of rape kit evidence is a core
public safety issue affecting men, women and children in this
Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Sexual
Assault Forensic Evidence (SAFE) Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Law enforcement agencies." State, county or municipal law
enforcement agencies involved in the investigation of sexual
assault cases in this Commonwealth.
"Sexual assault evidence." Evidence collected in connection
with a sexual assault investigation, including evidence
collected during a forensic sexual assault examination.
Section 3. Report on submission of sexual assault cases.
(a) Duties of law enforcement agencies.--Within 30 days of
the effective date of this act, each law enforcement agency
shall provide written notice to the Pennsylvania State Police of
the number of sexual assault cases in the custody of the agency
that have not been previously submitted to a laboratory for
analysis. The written notice shall be in a form and manner
prescribed by the Commissioner of Pennsylvania State Police.
(b) Report to General Assembly.--Within 90 days of the
effective date of this act, the Commissioner of Pennsylvania
State Police shall submit a report to the Governor, the
President pro tempore of the Senate, the Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, the Majority Leader of the House of
Representatives, the Minority Leader of the House of
Representatives, the chairman and minority chairman of the
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Judiciary Committee of the Senate and the chairman and minority
chairman of the Judiciary Committee of the House of
Representatives. The report shall include, but not be limited
to, a summary of rape kit inventory received, a timeline for
completion of analysis of those rape kits and any request for
funding and resources necessary to meet the established timeline
for processing of rape kits.
Section 4. Applicability.
Except for closed cases, this act shall apply to each sexual
assault case with evidence opened within 30 days preceding the
effective date of this act and each sexual assault case opened
on or after the effective date of this act.
Section 5. Effective date.
This act shall take effect in 60 days.
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