SB0567112th GA (Historical)Introduced

Amends TCA Title 38, Chapter 6, Part 1 and Section 39-13-519.

Under present law, the victim of a sexually oriented crime is entitled to a forensic medical examination without charge to the victim. Upon the conclusion of the forensic examination, the resulting sexual assault evidence collection kit or hold kit must be released to a law enforcement agency by a healthcare provider for storage or transmission to a laboratory for serology or DNA testing. This bill establishes a schedule for release of the kit whereby the healthcare provider must notify a law enforcement agency that a kit is ready for release once the forensic examination is finished and the law enforcement agency must pick up the kit for storage or transfer to a laboratory within seven days of being notified that the kit is ready for release. This bill changes the following present law deadlines with regard to the handling of sexual assault evidence collection and hold kits: (1) Reduces from 60 to 45 the number of days within which a law enforcement agency must submit a kit to a laboratory for testing, once the agency takes possession of the kit or the victim makes a police report; and (2) Increases the maximum amount of time that a law enforcement agency must store a hold kit without the victim having made a police report from three to 10 years. This bill requires the TBI to develop and implement an electronic system that maintains the location and laboratory analysis status of each sexual assault evidence collection kit released to a law enforcement agency at the conclusion of a forensic medical examination no later than January 1, 2022. The system must have the capacity to allow a victim to track by internet the location and status of the victim's sexual assault evidence collection kit after the conclusion of the forensic medical examination. The full text of this bill describes other requirements for the tracking system.

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Overview

Under present law, the victim of a sexually oriented crime is entitled to a forensic medical examination without charge to the victim. Upon the conclusion of the forensic examination, the resulting sexual assault evidence collection kit or hold kit must be released to a law enforcement agency by a healthcare provider for storage or transmission to a laboratory for serology or DNA testing. This bill establishes a schedule for release of the kit whereby the healthcare provider must notify a law enforcement agency that a kit is ready for release once the forensic examination is finished and the law enforcement agency must pick up the kit for storage or transfer to a laboratory within seven days of being notified that the kit is ready for release. This bill changes the following present law deadlines with regard to the handling of sexual assault evidence collection and hold kits: (1) Reduces from 60 to 45 the number of days within which a law enforcement agency must submit a kit to a laboratory for testing, once the agency takes possession of the kit or the victim makes a police report; and (2) Increases the maximum amount of time that a law enforcement agency must store a hold kit without the victim having made a police report from three to 10 years. This bill requires the TBI to develop and implement an electronic system that maintains the location and laboratory analysis status of each sexual assault evidence collection kit released to a law enforcement agency at the conclusion of a forensic medical examination no later than January 1, 2022. The system must have the capacity to allow a victim to track by internet the location and status of the victim's sexual assault evidence collection kit after the conclusion of the forensic medical examination. The full text of this bill describes other requirements for the tracking system.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 8, 2021

Subjects
476543555058

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