PRINTER'S NO. 1328
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
920
Session of
2024
INTRODUCED BY LANGERHOLC, ROBINSON, MARTIN, STEFANO, HAYWOOD AND
VOGEL, JANUARY 22, 2024
REFERRED TO JUDICIARY, JANUARY 22, 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; and
further providing 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 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 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:
* * *
"Commission." The Pennsylvania Commission on Crime and
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Delinquency.
* * *
Section 2. The act is amended by adding a section to read:
Section 3.1. Sexual assault evidence tracking system.
(a) Establishment.--Within 180 days of 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
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.
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(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 sexual assault evidence kit
identification number or bar code that the vendor applies to
each sexual assault evidence kit.
(12) Provide the ability to record the date, time and
user identification when a user 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) 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.
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(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.
(C) The date that the local law enforcement
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
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.
(c) Opt out.--When sexual assault evidence is collected from
a victim, the victim shall be notified of the system. A victim
shall have the right to opt out of the system. If the victim
opts out, no information shall be entered into the system.
(d) Training.--The commission shall create and provide
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
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PCAR with resources for victims on the system.
(e) Prior rape kits collected.--In coordination with the
Pennsylvania State Police, the department and PCAR, the
commission shall develop a plan and begin implementing the plan
to onboard into the system all rape kits collected before the
effective date of this subsection that have not had the testing
or analysis of the rape kit completed. The commission shall
notify the victim prior to onboarding into the system the
victim's rape kit and provide the victim with the relevant
information to track the rape kit in the system.
(f) 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.
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
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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
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 kit or the kit's probative
contents.
* * *
(9.1) The right to be notified of and to opt out 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
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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
established under section 3.1, best practices in other states
and any recommended improvements to the system.
Section 5. This act shall take effect as follows:
(1) The amendment or addition of section 6 introductory
paragraph, (6) and (7) of the act shall take effect in 180
days.
(2) The remainder of this act shall take effect
immediately.
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