Amends TCA Title 38, Chapter 6 and Title 39, Chapter 13, Part 5.

This bill makes changes to the requirements of the Tennessee bureau of investigation (TBI) with regard to sexual assault evidence collection kits as described below.<br /> <br /> Present law generally provides the following process with regard to such kits:<br /> <br /> (1) Within 24 hours of the conclusion of a forensic medical examination given to a victim of certain sexual offenses, the healthcare provider must notify the applicable law enforcement agency that a sexual assault evidence collection kit or hold kit is ready for release;<br /> <br /> (2) Within seven days of being notified, the law enforcement agency is required to pick up the kit or hold kit for storage or transmission to the TBI crime lab, or similar qualified laboratory, for either serology or deoxyribonucleic acid (DNA) testing;<br /> <br /> (3) Within 30 days of receipt of a kit with a victim's name affixed to it, the law enforcement agency must submit the kit to the TBI crime lab, or similar qualified laboratory, for such testing;<br /> <br /> (4) Upon receipt of a hold kit with only an identification number attached to it, the law enforcement agency must store the hold kit for a minimum of 10 years or until the victim makes a police report, whichever event occurs first. Once the victim makes a police report, the law enforcement agency has 30 days from the report date to send the kit to the TBI crime lab, or other similar qualified laboratory, for such testing;<br /> <br /> (5) The TBI must administer an electronic system that tracks the location and laboratory analysis status of each kit and hold kit released to a law enforcement agency at the conclusion of an examination. The system must allow a victim to track by internet the location and status of the victim's kit by use of a tracking number provided by the law enforcement;<br /> <br /> (6) A law enforcement agency, the TBI crime lab, and other similar qualified laboratory, that receives, maintains, stores, or preserves kits or hold kits must participate in the TBI's electronic tracking system;<br /> <br /> (7) A law enforcement agency receiving a kit after the conclusion of the examination must provide the victim with a tracking number for the kit; and a copy of the TBI pamphlet explaining how to access and use the tracking system and the victim's right to receive testing status updates of the victim's kit; and<br /> <br /> (8) Within 10 days of receipt of a kit or hold kit from a healthcare provider, a law enforcement agency must enter the kit or hold kit into the TBI tracking system. The location and status of the kit must be updated in the tracking system by the law enforcement agency, the TBI crime lab, or similar qualified laboratory taking possession of the kit at each step of the process.<br /> <br /> This bill adds to the present law the following requirements:<br /> <br /> (1) As of January 1, 2024, the TBI is required to perform serology and DNA analysis on a kit within 30 days of the TBI's receipt of the kit from a law enforcement agency;<br /> <br /> (2) Within 45 days of the effective date of this bill, the TBI is required to submit to the governor, the attorney general, the speaker of the house of representatives, the speaker of the senate, and the district attorneys general conference a plan for eliminating any existing backlog of kits that have been in the possession of the TBI for more than 30 days and are waiting analysis. The plan must include a listing of resources necessary for compliance with (1) and a timeline for eliminating any backlog by January 1, 2024; and<br /> <br /> (3) If the TBI receives written confirmation from the investigating law enforcement agency or district attorney general's office that a DNA record uploaded by the TBI into a local, state, or national DNA database was not connected to a criminal investigation, then the TBI must remove the DNA record from that database and provide written confirmation to the submitting agency or office verifying the removal. However, if the TBI fails to comply with this (3), then the failure is not grounds for challenging the validity of a database match or database information, or for exclusion of evidence based upon or derived from the DNA record.<br /> <br /> The TBI is authorized to promulgate rules to effectuate this bill.<br />