Trial Engrossment of Amendment A00718 to Senate Bill 0399 P.N. 0505, Regular Session 2019-2020

A00718

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

399

Session of

2019

INTRODUCED BY LANGERHOLC, FOLMER, MARTIN, BARTOLOTTA, DiSANTO,

FONTANA, PHILLIPS-HILL, KILLION, GORDNER, BREWSTER, STEFANO,

SANTARSIERO, SABATINA, J. WARD, SCHWANK, YUDICHAK,

TARTAGLIONE, KEARNEY, FARNESE, BROWNE AND MUTH,

MARCH 11, 2019

SENATOR BAKER, JUDICIARY, AS AMENDED, MARCH 27, 2019

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, for rights of sexual assault

victims AND FOR REPORT BY PENNSYLVANIA STATE POLICE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 5(c) of the act of November 29, 2006

(P.L.1471, No.165), known as the Sexual Assault Testing and

Evidence Collection Act, is amended, subsection (a) is amended

by adding paragraphs and the section is amended by adding a

subsection to read:

SECTION 1. SECTION 3(A)(6) AND (C)(1) OF THE ACT OF NOVEMBER

29, 2006 (P.L.1471, NO.165), KNOWN AS THE SEXUAL ASSAULT TESTING

AND EVIDENCE COLLECTION ACT, AMENDED OCTOBER 24, 2018 (P.L.1192,

NO.164), ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 3. SEXUAL ASSAULT EVIDENCE COLLECTION PROGRAM.

(A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED A STATEWIDE

SEXUAL ASSAULT EVIDENCE COLLECTION PROGRAM TO PROMOTE THE HEALTH

AND SAFETY OF VICTIMS OF SEXUAL ASSAULT AND TO FACILITATE THE

PROSECUTION OF PERSONS ACCUSED OF SEXUAL ASSAULT. THIS PROGRAM

SHALL BE ADMINISTERED BY THE DEPARTMENT. UNDER THIS PROGRAM THE

DEPARTMENT SHALL:

* * *

(6) ESTABLISH A DESIGNATED TELEPHONE NUMBER FOR THE USE

OF HEALTH CARE FACILITIES WHO HAVE NOTIFIED LOCAL LAW

ENFORCEMENT OR THE PENNSYLVANIA STATE POLICE TO TAKE

POSSESSION OF SEXUAL ASSAULT EVIDENCE THAT HAS NOT BEEN

COMPLETED WITHIN 72 HOURS. THE FOLLOWING APPLY:

(I) THE TELEPHONE LINE SHALL BE STAFFED BY A LIVE

PERSON DURING REGULAR BUSINESS HOURS.

(II) THE TELEPHONE LINE SHALL ALLOW THE HEALTH CARE

FACILITY TO LEAVE A VOICEMAIL.

(III) AFTER RECEIVING A REPORT BY A HEALTH CARE

FACILITY UNDER THIS PARAGRAPH, THE DEPARTMENT SHALL

CONTACT LOCAL LAW ENFORCEMENT OR THE PENNSYLVANIA STATE

POLICE TO TAKE POSSESSION OF THE SEXUAL ASSAULT EVIDENCE.

* * *

ALL SEXUAL ASSAULT EVIDENCE OBTAINED BY A HEALTH CARE FACILITY,

AT THE REQUEST OR CONSENT OF THE VICTIM, ON OR AFTER THE

EFFECTIVE DATE OF THIS SUBSECTION:

(1) WITHIN 12 HOURS OF COLLECTION OF SEXUAL ASSAULT

EVIDENCE, THE HEALTH CARE FACILITY SHALL NOTIFY THE LOCAL LAW

ENFORCEMENT AGENCY OF THE JURISDICTION WHERE THE REPORTED

A00718 - 2 -

SEXUAL ASSAULT OCCURRED OR THE PENNSYLVANIA STATE POLICE IF

THE JURISDICTION IS UNKNOWN. THE LOCAL LAW ENFORCEMENT AGENCY

OR THE PENNSYLVANIA STATE POLICE SHALL TAKE POSSESSION OF THE

SEXUAL ASSAULT EVIDENCE WITHIN 72 HOURS OF RECEIVING NOTICE.

IF LOCAL LAW ENFORCEMENT OR THE PENNSYLVANIA STATE POLICE HAS

NOT TAKEN POSSESSION OF THE SEXUAL ASSAULT EVIDENCE WITHIN 72

HOURS OF NOTIFICATION, THE HEALTH CARE FACILITY SHALL NOTIFY

THE DEPARTMENT THROUGH THE DESIGNATED TELEPHONE NUMBER. FOR

THOSE CASES IN WHICH THE VICTIM HAS NOT YET CONSENTED TO

TESTING OF THE EVIDENCE, THE EVIDENCE SHALL BE PRESERVED AND

STORED FOR A PERIOD OF NO LESS THAN [TWO YEARS] the duration

of the maximum applicable criminal statute of limitations,

UNLESS CONSENT IS PROVIDED BEFORE THAT PERIOD. THE

PENNSYLVANIA STATE POLICE, IN CONSULTATION WITH THE

PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION AND THE

PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION, SHALL ESTABLISH

POLICIES FOR LOCAL LAW ENFORCEMENT AGENCIES RELATING TO THE

STORAGE AND PRESERVATION OF THE EVIDENCE, INCLUDING, BUT NOT

LIMITED TO, THE STORAGE AND PRESERVATION OF EVIDENCE WITH

UNKNOWN JURISDICTION.

* * *

(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:

(1) WITHIN 12 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

OR DOES NOT KNOW WHERE THE SEXUAL ASSAULT OCCURRED, THE

A00718 - 3 -

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 20 YEARS OR THE

DURATION OF THE MAXIMUM APPLICABLE CRIMINAL STATUTE OF

LIMITATIONS , WHICHEVER IS SHORTER .

(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.

(5) THE FAILURE OF A HEALTH CARE FACILITY, LOCAL LAW

ENFORCEMENT AGENCY OR THE PENNSYLVANIA STATE POLICE TO SUBMIT

THE SEXUAL ASSAULT EVIDENCE IN ACCORDANCE WITH PARAGRAPH (1)

OR (3) SHALL NOT ALTER THE AUTHORITY OF A LOCAL LAW

ENFORCEMENT AGENCY , the Pennsylvania State Police OR THE

AUTHORITY OF A LABORATORY APPROVED BY THE DEPARTMENT TO

ACCEPT AND ANALYZE THE EVIDENCE.

* * *

SECTION 2. SECTION 5(C) OF THE ACT IS AMENDED, SUBSECTION

A00718 - 4 -

(A) IS AMENDED BY ADDING PARAGRAPHS AND THE SECTION IS AMENDED

BY ADDING A SUBSECTION TO READ:

Section 5. Rights of sexual assault victims.

(a) General rule.--In addition to the rights provided under

the act of November 24, 1998 (P.L.882, No.111), known as the

Crime Victims Act, a sexual assault victim, guardian of a sexual

assault victim or close relative of a deceased sexual assault

victim shall have all of the following rights, if requested by

the victim, guardian or relative:

* * *

(4) The right to not be prevented from, or charged for,

receiving a medical forensic examination.

(5) The right to:

(i) subject to paragraph (6) and section 3(c)(1) ,

have a sexual assault evidence collection kit or its

probative contents relating to the victim preserved,

without charge, for 20 YEARS OR the duration of the

maximum applicable CRIMINAL statute of limitations ,

WHICHEVER IS SHORTER ; and

(ii) be informed in writing of policies governing

the collection and preservation of a sexual assault

evidence collection kit.

(6) The right to , upon written request, receive written

notification from the appropriate official with custody of a

sexual assault evidence collection kit or its probative

contents relating to the victim not later than 60 days before

the date of the intended destruction or disposal of the

sexual assault evidence collection kit or its probative

contents. The appropriate official with custody of the sexual

assault evidence collection kit shall collaborate with a

A00718 - 5 -

sexual assault counselor to employ best practices when

notifying a victim of information pertinent to the victim.

(7) The right to consult with a sexual assault

counselor.

(8) The right to information concerning availability of

protective orders and policies related to the enforcement of

protective orders.

(9) The right to information about the availability of,

and eligibility for, victim compensation and restitution.

(10) The right to be informed of the rights under this

subsection. The Attorney General shall, in consultation with

the Office of Victim Advocate, the Pennsylvania State Police ,

THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION, THE

PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION and PCAR, develop

a standard protocol for notifying sexual assault victims of

information relating to evidence gathered regarding the

victim. The Office of Victim Advocate shall disseminate the

standard protocol developed under this paragraph to law

enforcement agencies, rape crisis centers, sexual assault

counselors and health care facilities that the Office of

Victim Advocate determines are likely to encounter sexual

assault victims. The Attorney General, Pennsylvania State

Police , THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION, THE

PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION and Office of

Victim Advocate shall make the standard protocol available on

a publicly accessible Internet website.

* * *

(b.1) Anonymous reporters.--

(1) A victim who has chosen to make an anonymous report

may still elect to receive notification under this section.

A00718 - 6 -

(2) The form for consent for anonymous testing shall

include a provision for submission of contact information for

a victim requesting notification and a provision for

obtaining information mandated for CODIS eligibility,

including, but not limited to, the request for or the

submission of elimination samples .

(3) The contact information provided for the purposes of

notification and CODIS eligibility shall not be used for any

other purpose, including contacting the victim for

investigative purposes.

Definitions.--As used in this section, the following words and

phrases shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Close relative of a deceased sexual assault [victim" means

an] victim." An individual who:

(1) was the spouse of a deceased sexual assault victim

at the time of the victim's death; or

(2) is a parent, legal guardian or adult brother, sister

or child of a deceased sexual assault victim.

"Sexual assault counselor." As defined in 42 Pa.C.S. §

5945.1 (relating to confidential communications with sexual

assault counselors).

SECTION 3. SECTION 6 OF THE ACT, ADDED OCTOBER 24, 2018

(P.L.1192, NO.164), IS AMENDED TO READ:

SECTION 6. REPORT BY PENNSYLVANIA STATE POLICE.

IN CONSULTATION WITH THE DEPARTMENT, PCAR AND, AS NECESSARY

WITH LOCAL LAW ENFORCEMENT, THE PENNSYLVANIA STATE POLICE SHALL

COMPILE THE FOLLOWING DATA AND SUBMIT A REPORT TO THE DEPARTMENT

BY DECEMBER 31, 2018, AND [BIANNUALLY] ANNUALLY THEREAFTER:

A00718 - 7 -

(1) THE VOLUME OF SEXUAL ASSAULT EVIDENCE [SUBMITTED]

FOR WHICH TESTING IS COMPLETED.

(2) THE VOLUME OF BACKLOGGED SEXUAL ASSAULT EVIDENCE

AWAITING TESTING.

[(3) THE RATE OF SUBMISSION OF SEXUAL ASSAULT EVIDENCE

BY LAW ENFORCEMENT AGENCIES IN COMPLIANCE WITH THE PROVISIONS

OF THIS ACT.]

(4) THE [SPEED OF TESTING OF SEXUAL ASSAULT EVIDENCE,

AVERAGE WAIT] AVERAGE TURNAROUND TIME TO COMPLETE TESTING AND

REASONS FOR ANY DELAYS IN SUBMISSION OR TESTING OF SEXUAL

ASSAULT EVIDENCE.

(5) A REVIEW OF CURRENT PRACTICES, INCLUDING INTERAGENCY

COLLABORATION WITH LAW ENFORCEMENT AGENCIES AND RAPE CRISIS

CENTERS, IN RAPE KIT EVIDENCE COLLECTION EVERY TWO YEARS.

Section 2 4. This act shall take effect in 60 days.

A00718 - 8 -