SB0318113th GA (Historical)Introduced

Amends TCA Title 38; Title 39 and Title 40.

Present law provides that upon receipt of DNA data analysis results from the TBI or similar qualified laboratory on a victim's sexual assault evidence collection kit, the investigating agency must, upon a victim's request and within a reasonable time, notify the victim of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases, unless disclosure of the information would impede or compromise the investigation. This bill prohibits the investigating agency from releasing the results of the DNA data analysis to the public before notifying the victim of the results unless the investigating agency has made a reasonable effort to contact the victim on multiple days and has been unsuccessful in notifying the victim of the results. Upon request, present law grants certain rights to a victim of a sexually-oriented crime, including the right to be informed of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases unless disclosure would impede or compromise the investigation. This bill changes that right to provide that the victim has the right to be so informed prior to the release of such information to the public. This bill also grants such a victim the right to counseling, without charge to the victim. This bill requires the law enforcement agency to which the crime is reported or a victim-witness coordinator to ensure that the victim is aware of the available counseling, which must be provided through the department of mental health and substance abuse services or another appropriate provider, as needed.

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Overview

Present law provides that upon receipt of DNA data analysis results from the TBI or similar qualified laboratory on a victim's sexual assault evidence collection kit, the investigating agency must, upon a victim's request and within a reasonable time, notify the victim of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases, unless disclosure of the information would impede or compromise the investigation. This bill prohibits the investigating agency from releasing the results of the DNA data analysis to the public before notifying the victim of the results unless the investigating agency has made a reasonable effort to contact the victim on multiple days and has been unsuccessful in notifying the victim of the results. Upon request, present law grants certain rights to a victim of a sexually-oriented crime, including the right to be informed of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases unless disclosure would impede or compromise the investigation. This bill changes that right to provide that the victim has the right to be so informed prior to the release of such information to the public. This bill also grants such a victim the right to counseling, without charge to the victim. This bill requires the law enforcement agency to which the crime is reported or a victim-witness coordinator to ensure that the victim is aware of the available counseling, which must be provided through the department of mental health and substance abuse services or another appropriate provider, as needed.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 20, 2023

Subjects
5058

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SB0318: Amends TCA Title 38; Title 39 and Title 40. | LegisGo