Regular Session 2023-2024 Senate Bill 0920 P.N. 1568

PRIOR PRINTER'S NOS. 1328, 1512

PRINTER'S NO. 1568

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

920

Session of

2024

INTRODUCED BY LANGERHOLC, ROBINSON, MARTIN, STEFANO, HAYWOOD,

VOGEL AND FARRY, JANUARY 22, 2024

AS AMENDED ON THIRD CONSIDERATION, APRIL 30, 2024

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 definitions;

providing for sexual assault evidence tracking system;

further providing for rights of sexual assault victims and

for report by Pennsylvania State Police; and providing for

waiver for victim.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2 of the act of November 29, 2006

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

Evidence Collection Act, is amended by adding a definition to

read:

SECTION 1. THE DEFINITION OF "PCAR" IN SECTION 2 OF THE ACT

OF NOVEMBER 29, 2006 (P.L.1471, NO.165), KNOWN AS THE SEXUAL

ASSAULT TESTING AND EVIDENCE COLLECTION ACT, IS AMENDED AND THE

SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:

Section 2. Definitions.

The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Commission." The Pennsylvania Commission on Crime and

Delinquency.

* * *

"PCAR." THE PENNSYLVANIA COALITION [AGAINST RAPE] TO ADVANCE

RESPECT.

* * *

"TRACKING SYSTEM" OR "SYSTEM." THE STATEWIDE TRACKING SYSTEM

ESTABLISHED UNDER SECTION 3.1(A) FOR EVIDENCE COLLECTED UNDER

THE SEXUAL ASSAULT EVIDENCE COLLECTION PROGRAM.

* * *

Section 2. The act is amended by adding a section to read:

Section 3.1. Sexual assault evidence tracking system.

(a) Establishment.-- No later than one year from the

effective date of this subsection, in coordination with the

Pennsylvania State Police, the commission shall establish and

maintain a Statewide tracking system for evidence collected

under the sexual assault evidence collection program. The

commission may:

(1) Purchase an electronic off-the-shelf tracking system

if the system meets all of the requirements of this section.

(2) Apply for Federal funding to establish and maintain

the tracking system.

(b) Requirements of system.--The sexual assault evidence

tracking system shall:

(1) Be electronic and web-based.

(2) Be administered by the commission, with assistance

from the Department of Health, the Office of Attorney General

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and the Pennsylvania State Police.

(3) Have help desk availability at all times.

(4) Ensure that the contact information for PCAR, the

Pennsylvania State Police or the local law enforcement agency

is accessible to the victim through the tracking system.

(5) Allow for the victim to opt in for automatic

notifications when status updates are entered in the system.

(6) Include at each step of the process a brief

explanation of the general purpose of that step and a general

indication of how long the step may take to complete.

(7) A safety or escape exit that allows a victim to

quickly close the tracking system on their device.

(8) Allow for secure access, controlled by the

commission, that shall restrict user access and allow

different permissions based on the need of the particular

user. The commission shall only approve the users necessary

for the operation of the system and accurate and complete

information.

(9) Provide users, other than victims, the ability to

provide for any individual who is granted access to the

program their own unique user identification and password.

(10) Provide a mechanism for a victim to enter the

system and only access the information pertaining to the

victim.

(11) Enable sexual assault evidence to be tracked and

identified through the unique rape kit identification number,

bar code or other unique identification feature approved by

the commission that the vendor applies to each rape kit.

(12) Provide the ability to record the date, time and

user identification when a user, who is not a victim,

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accesses the system.

(13) Require that a victim's access to the system remain

anonymous to all parties.

(14) Provide the user with the ability to use the system

in their preferred language.

(15) Track the destruction of a rape kit after analysis

of the rape kit is completed.

(16) Contain the following fields for tracking and

reporting as follows:

(i) For health care facilities fields:

(A) The date that the sexual assault evidence

was collected.

(B) The date and time that notification was made

to the local law enforcement agency or the

Pennsylvania State Police.

(ii) For local law enforcement agencies and the

Pennsylvania State Police:

(A) The date that the local law enforcement

agency or the Pennsylvania State Police took

possession of the sexual assault evidence from the

health care facility.

(B) The date that the local law enforcement

agency or the Pennsylvania State Police submitted the

evidence to a laboratory for analysis.

agency or the Pennsylvania State Police received the

sexual assault evidence results back from the

laboratory.

(iii) For laboratories:

(A) The date that the sexual assault evidence is

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received from the local law enforcement agency or the

Pennsylvania State Police.

(B) The date that the laboratory completes the

analysis of the sexual assault evidence.

(1) THE COMMISSION, OR AN ENTITY CONTRACTED BY THE

COMMISSION, SHALL HAVE THE EXCLUSIVE RESPONSIBILITY AND

AUTHORITY TO MAINTAIN AND OPERATE THE TRACKING SYSTEM'S

SERVER. THE TRACKING SYSTEM SHALL INCLUDE A DATA BACKUP

SYSTEM LOCATED ON A SERVER THAT SHALL AT ALL TIMES BE UNDER

THE CONTROL OF THE COMMISSION OR THE ENTITY CONTRACTED BY THE

COMMISSION.

(2) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM

"ENTITY" SHALL NOT INCLUDE A GOVERNMENT AGENCY.

comprehensive training to inform all users who are not victims

about the existence of the tracking system, the requirements of

the program and the requirements to use the tracking system. The

commission and PCAR shall post on their publicly accessible

Internet websites tutorials on how to use the system for

victims. The commission shall provide health care facilities and

PCAR with resources for victims on the system.

(d) (E) Data.--Notwithstanding any other provision of law,

the commission shall provide aggregate data related to the

system and may not provide data that would otherwise compromise

the safety of the victim or a successful prosecution when data

is requested under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law, or any other relevant statute.

(e) (F) Participation.--All entities that handle and process

rape kits, including health care facilities, the Pennsylvania

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State Police, local law enforcement agencies and laboratories,

shall participate in the system.

(G) RESOURCE ONLY.--THE TRACKING SYSTEM SHALL SERVE AS A

RESOURCE FOR A VICTIM. NOTWITHSTANDING ANY OTHER PROVISION OF

LAW OR COURT RULE, INFORMATION ENTERED INTO THE TRACKING SYSTEM

SHALL NOT SERVE AS AN OFFICIAL STATUS OF THE RAPE KIT AND SHALL

NOT BE ADMISSIBLE TO CHALLENGE THE CHAIN OF CUSTODY OF EVIDENCE

IN A CRIMINAL PROCEEDING.

Section 3. Section 5(a) introductory paragraph, (1) and (2)

of the act are amended, paragraph (3) is amended by adding a

subparagraph and the subsection is amended by adding paragraphs

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]:

(1) The right to, upon request by the victim, guardian

or relative, a disclosure of information regarding the

submission of any evidence for forensic testing that was

collected from the victim during the investigation of the

offense, unless disclosing the information would interfere

with the investigation or prosecution of the offense, in

which case the victim, guardian or relative shall be informed

of the estimated date on which the information is expected to

be disclosed, if known.

(2) The right to, upon request by the victim, guardian

or relative, a disclosure of information regarding the status

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of any analysis being performed on any evidence that was

collected during the investigation of the offense.

(3) The right to be notified:

* * *

(iv) Within 24 hours if the system established under

section 3.1 has a breach by an unauthorized user and the

commission believes that the status of a victim's rape

kit has been accessed.

* * *

(6.1) The right to, upon written request, be granted

further preservation of the rape kit or the rape kit's

probative contents by the appropriate official with custody

of the rape kit.

* * *

(9.1) The right to be notified of the tracking system

established under section 3.1 .

* * *

Section 4. Section 6 introductory paragraph of the act is

amended and the section is amended by adding paragraphs to read:

Section 6. Report by Pennsylvania State Police.

In consultation with the commission, 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 annually thereafter],

President pro tempore of the Senate and Speaker of the House of

Representatives by December 31 each year:

* * *

(6) Aggregate data provided by the system established

under section 3.1 .

(7) A review of the current operation of the system

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established under section 3.1 , best practices in other states

and any recommended improvements to the system.

(8) An evaluation on the ability to on-board all rape

kits collected prior to the effective date of this paragraph

that have not had the testing or analysis of the rape kit

completed. This paragraph shall expire three years after the

effective date of this paragraph.

Section 5. The act is amended by adding a section to read:

Section 7. Waiver for victim.

The following shall apply:

(1) A claim for compensation filed by a direct victim,

as defined under section 103 of the act of November 24, 1998

(P.L.882, No.111), known as the Crime Victims Act, who is

otherwise eligible for compensation under the Crime Victims

Act and the delay in filing an application was a result of a

delay in testing of, or a delay in DNA profile matching from,

a rape kit or biological material collected as evidence

related to a sexual assault shall, upon approval of a waiver

completed under paragraph (2), be granted an exception to the

provisions of section 702(b)(1) of the Crime Victims Act.

(2) The Office of Victims' Services shall create a

waiver to be completed by a direct victim seeking an

exception under paragraph (1).

(3) A direct victim shall not be required to undergo an

appeals process for the consideration of the victim's waiver

application under this section.

Section 6. This act shall take effect as follows:

(1) The amendment or addition of section 6 introductory

paragraph and (8) of the act shall take effect in one year.

(2) The addition of section 6(6) and (7) of the act

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shall take effect in 18 months.

(3) The addition of section 7 of the act shall take

effect March 15, 2025, or in 60 days, whichever is earlier IN

60 DAYS.

(4) The remainder of this act shall take effect

immediately.

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