Regular Session 2015-2016 House Bill 0272 P.N. 1202

PRIOR PRINTER'S NOS. 271, 1048

PRINTER'S NO. 1202

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

272

Session of

2015

INTRODUCED BY NEUMAN, CALTAGIRONE, PASHINSKI, COHEN, BIZZARRO,

BOYLE, BISHOP, SCHLOSSBERG, McNEILL, O'BRIEN, CONKLIN, DEASY,

SNYDER, MURT, SCHREIBER, READSHAW, D. COSTA, THOMAS,

BROWNLEE, DAVIDSON, FRANKEL, HARHAI, CARROLL, MAHONEY,

GILLEN, McCARTER, BARBIN, MATZIE, KORTZ AND DAVIS,

FEBRUARY 2, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

APRIL 14, 2015

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; and

establishing civil immunity," further providing for the title

of the act, for definitions and for sexual assault evidence

collection program; and providing for rights of sexual

assault victims.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title of the act of November 29, 2006

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

Evidence Collection Act, is amended to read:

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; [and] establishing civil immunity;

and providing for rights of sexual assault victims.

Section 2. Section 2 of the act is amended by adding

definitions to read:

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:

"Awaiting testing." With respect to sexual assault evidence,

evidence that meets all of the following:

(1) Has been collected and is in the possession of a

local law enforcement agency.

(2) Has not received DNA and other appropriate forensic

analyses.

(3) Is related to a criminal case or investigation in

which final disposition has not been reached.

(4) Should undergo DNA or other appropriate forensic

analysis as determined by a local law enforcement agency.

"Backlogged evidence." Sexual assault evidence that is

awaiting testing for 12 months or more.

* * *

"CODIS." The Combined DNA Index System established and

maintained by the Federal Bureau of Investigation.

* * *

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

"Final disposition." With respect to a criminal case or

investigation to which sexual assault evidence relates, any of

the following:

(1) The conviction or acquittal of all suspected

perpetrators of the crime involved.

(2) A determination by the local law enforcement agency

in possession of the sexual assault evidence that the case is

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unfounded.

(3) A declaration by the victim of the crime involved

that the act constituting the basis of the crime was not

committed.

"Local law enforcement agency." A police department of a

city, borough, incorporated town or township, a regional police

department, the Pennsylvania State Police or campus police.

* * *

"SEXUAL ASSAULT EVIDENCE." RAPE KIT EVIDENCE COLLECTED BY A

HOSPITAL OR HEALTH CARE FACILITY UNDER THE MINIMUM STANDARDS

PUBLISHED PURSUANT TO 28 PA. CODE § 117.52(A)(1) (RELATING TO

MINIMUM REQUIREMENTS FOR SEXUAL ASSAULT EMERGENCY SERVICES).

* * *

Section 3. Section 3 of the act is amended 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 of Health] department.

Under this program the [Department of Health] department shall:

(1) Consult with PCAR and the Pennsylvania State Police

to develop minimum standard requirements for all rape kits

used in hospitals and health care facilities in this

Commonwealth.

(2) Test and approve commercially available rape kits

for use in this Commonwealth.

(3) Review the minimum standard requirements for rape

kits and prior-approved rape kits every three years to assure

that rape kits meet state-of-the-art minimum standards.

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(4) Consult with PCAR, the Pennsylvania State Police,

the International Association of Forensic Nurses, the

Hospital and Healthsystem Association of Pennsylvania and any

local SART to establish a program to train hospital, child

advocacy center and health care facility personnel in the

correct use and application of rape kits in order to maximize

the health and safety of the victim and the potential to

collect useful admissible evidence to prosecute persons

accused of sexual assault.

(5) Approve, with concurrence from the Pennsylvania

State Police and in consultation with PCAR, certain

laboratories to receive sexual assault evidence for testing

and analysis under subsection (c). The department shall

establish guidelines on the criteria that a laboratory must

meet to be approved under this paragraph within six months of

the effective date of this paragraph. Laboratories which have

been approved by the Federal Bureau of Investigation to

access CODIS or an equivalent federally administered national

DNA database shall be automatically approved to receive

sexual assault evidence for testing and analysis under

subsection (c).

(b) Duties of Pennsylvania State Police.--

(1) When requested by a local law enforcement agency,

district attorneys or the Office of Attorney General, the

Pennsylvania State Police shall ensure that the analysis and

laboratory testing of collected evidence, including samples

that may contain traces of a date rape drug, are

accomplished. The cost of the testing or analysis shall not

be the responsibility of the Pennsylvania State Police.

(2) The Pennsylvania State Police shall include, as part

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of existing training programs for local law enforcement

agencies, training to ensure that the chain of custody of all

rape kits is established to minimize any risk of tampering

with evidence included in the rape kit and to ensure that all

useful and proper evidence in addition to the rape kit is

collected at the hospital or health care facility.

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) As soon as practical, the health care facility shall

notify the local law enforcement agency of the jurisdiction

where the reported sexual assault occurred . The local law

enforcement agency shall take possession of the sexual

assault evidence within 72 hours of receiving notice. 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, 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.

(2) If a victim wishes to consent to the testing of the

sexual assault evidence, the victim or a victim advocate

acting at the victim ' s direction shall provide written notice

to the local law enforcement agency and the district attorney

of the jurisdiction where the reported sexual assault

occurred.

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(3) Within 15 days of receiving written notice of

consent to the testing of the sexual assault evidence, the

local law enforcement agency shall submit the evidence

awaiting testing to a laboratory approved by the department

for testing or analysis. The district attorney, in

consultation with the local law enforcement agency, shall

establish policies and procedures to ensure that timely

submission of the evidence has occurred. Except for cases in

which the local law enforcement agency and the laboratory are

the same entity, each submission of evidence shall be

accompanied by the following signed certification:

This evidence is being submitted by (name of local

law enforcement agency) in connection with a reported

sexual assault and must be completed within six

months of receipt.

(4) A laboratory shall complete the testing or analysis

of all sexual assault evidence submitted pursuant to this

section within six months from the date of receipt of the

evidence, if possible. Backlogged evidence shall be reported

as such by the laboratory to the department and to the local

law enforcement agency that submitted the evidence.

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

enforcement agency to submit the sexual assault evidence in

accordance with paragraph (1) or (3) shall not alter the

authority of a local law enforcement agency to submit the

evidence or the authority of a laboratory approved by the

department to accept and analyze the evidence.

(d) Inventory.--

(1) Within six months of the effective date of this

subsection, each local law enforcement agency shall provide

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written notice to the department, in a form and manner

prescribed by the department, stating the number of sexual

assault cases under its jurisdiction before the effective

date of this subsection for which evidence has not been

submitted to a laboratory for analysis. A local law

enforcement agency shall make arrangements with the

department to ensure that all evidence awaiting testing that

was collected prior to the effective date of this subsection

is submitted to an approved laboratory for testing and

analysis within one year of the submission of notice to the

department. A laboratory shall complete the testing or

analysis of the evidence as soon as possible, but no later

than three years from the date of submission of the evidence

to the laboratory.

(2) Within six months of the effective date of this

subsection, each testing laboratory shall provide written

notice to the department, in a form and manner prescribed by

the department, stating the number of sexual assault cases

under its jurisdiction before the effective date of this

subsection for which evidence has not been analyzed.

(e) Backlogged evidence.--

(1) Each laboratory and local law enforcement agency

must annually report backlogged evidence data in their

possession to the department no later than January 31.

(2) The department shall obtain backlogged evidence data

from a laboratory or local law enforcement agency if the

laboratory or local law enforcement agency fails to report

its backlogged evidence as required by paragraph (1).

(3) Provided backlogged evidence data exists, the

department shall compile all of the data into a report. The

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report shall be posted on the department's publicly

accessible Internet website by April 30 of each year. The

report shall also be issued to the General Assembly by April

30 of each year.

Section 4. The act is amended by adding a section 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 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 a disclosure of information regarding

the status of any analysis being performed on any evidence

that was collected during the investigation of the offense.

(3) The right to be notified:

(i) at the time a request is submitted to a crime

laboratory to test and analyze any evidence that was

collected during the investigation of the offense;

(ii) at the time of the submission of a request to

compare any biological evidence collected during the

investigation of the offense with DNA profiles maintained

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in CODIS, or any other federally administered national

DNA database, or a state DNA database; and

(iii) of whether the comparison provided under

subparagraph (ii) resulted in a match, unless disclosing

the results 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 results are expected to be disclosed,

if known.

(b) Notification.--

(1) A victim, guardian or relative who requests to be

notified under subsection (a)(3) must provide a current

address and telephone number to the attorney representing the

Commonwealth and to the local law enforcement agency that is

investigating the offense. The victim, guardian or relative

must inform the attorney representing the Commonwealth and

the local law enforcement agency of any change in the address

or telephone number.

(2) A victim, guardian or relative may designate a

person, including an entity that provides services to victims

of sexual assault, to receive any notice requested under

subsection (a)(3).

relative of a deceased sexual assault victim" means 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 or adult brother, sister or child of a

deceased sexual assault victim.

Section 5. This act shall take effect as follows:

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(1) The following provisions shall take effect

immediately:

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

(ii) This section.

(2) The remainder of this act shall take effect in 60

days.

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