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REFERENCE TITLE: sexual assault evidence; submission; reports |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2268 |
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Introduced by Representatives Syms: Barton, Bowers, Cobb, Cook, Engel, John, Leach, Livingston, Navarrete, Nutt, Payne, Rubalcava, Salman, Senator Hobbs
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AN ACT
amending title 13, chapter 14, Arizona Revised Statutes, by adding sections 13‑1426 and 13‑1427; relating to sexual assault evidence.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 14, Arizona Revised Statutes, is amended by adding sections 13-1426 and 13‑1427, to read:
13-1426. Sexual assault investigations; collected biological testing; definitions
A. A health care facility that obtains written consent to release sexual assault kit evidence shall notify the investigating law enforcement agency, if known, or the law enforcement agency that has jurisdiction in that portion of the local unit of government in which the health care facility is located within twenty‑four hours after the sexual assault kit evidence collection.
B. A law enforcement agency that receives notice pursuant to subsection A of this section must take possession of the sexual assault evidence kit from the health care facility within five business days after collection.
C. The investigating law enforcement agency that takes possession of any sexual assault kit evidence must submit the evidence to a public accredited crime laboratory for forensic analysis within fifteen business days after its receipt in all cases in which a victim reports to law enforcement and law enforcement determines that a crime occurred.
D. All sexual assault examination kits that are submitted for analysis must be analyzed as soon as practicable if sufficient personnel and resources are available.
E. The public accredited crime laboratory shall ensure that all eligible DNA profiles are uploaded into:
1. DATABASES THAT ARE MAINTAINED BY THE STATE LAW ENFORCEMENT AGENCY, IF THE AMOUNT AND QUALITY OF THE ANALYZED SAMPLE MEET THE REQUIREMENTS OF THE STATE DATABASE COMPARISON POLICIES.
2. DATABASES THAT ARE MAINTAINED BY MUNICIPAL LAW ENFORCEMENT AGENCIES, IF THE AMOUNT AND QUALITY OF THE ANALYZED SAMPLE MEET THE REQUIREMENTS OF THE MUNICIPAL CRIME LABORATORY COMPARISON POLICIES.
3. THE COMBINED DNA INDEX SYSTEM DATABASE ESTABLISHED BY THE FEDERAL BUREAU OF INVESTIGATION, IF THE AMOUNT AND QUALITY OF THE ANALYZED SAMPLE MEET THE REQUIREMENTS OF THE BUREAU'S COMPARISON POLICIES.
F. A PUBLIC ACCREDITED CRIME LABORATORY MAY CONTRACT WITH A PRIVATE ACCREDITED CRIME LABORATORY, AS APPROPRIATE, TO PERFORM THE ANALYSIS THAT IS REQUIRED BY THIS SECTIOn, SUBJECT TO THE NECESSARY QUALITY ASSURANCE REVIEWS BY THE PUBLIC ACCREDITED CRIME LABORATORY.
G. The failure of a law enforcement agency to submit a request for analysis within the time limits prescribed by this section does not constitute grounds in any criminal or civil proceeding to challenge the validity of a dna evidence association and a court may not exclude any evidence obtained from the sexual assault examination kit on those grounds.
H. A person who is accused or convicted of committing a crime against a victim does not have standing to object to any failure to comply with this section and such failure is not grounds for setting aside a conviction or sentence.
I. This section does not establish a private right of action or claim on the part of any individual, entity or agency against any law enforcement agency or any contractor of a law enforcement agency.
J. For the purposes of this section:
1. "Law enforcement agency" means a state, county or municipal agency that has an agreement in place for evidence analysis.
2. "Public accredited crime laboratory" means a crime laboratory that is established pursuant to section 41-1771 or a municipal crime laboratory.
13-1427. Sexual assault kits; annual report; definitions
A. On or before August 30 of each year, each law enforcement agency shall report to the Arizona Criminal Justice Commission on a form prescribed by the Arizona criminal justice commission:
1. The number of sexual assault kits that the agency received.
2. The number of sexual assault kits that were submitted to a public accredited crime laboratory for analysis.
3. The number of sexual assault kits that were not submitted to a public accredited crime laboratory for analysis.
4. The reason or reasons for not submitting evidence from each sexual assault kit to a public accredited crime laboratory for analysis.
B. On or before August 30 of each year, each public accredited crime laboratory shall report to the Arizona criminal justice commission:
1. The number of sexual assault kits that the laboratory received.
2. The number of sexual assault kits that were analyzed to obtain a Combined dna Index System eligible profile.
3. The number of sexual assault kits for which a probative dna profile was generated.
4. The number of sexual assault kits that were not analyzed and the reason or reasons that the kits were not analyzed.
C. On or before December 1 of each year, the Arizona criminal justice Commission shall report to the Governor, the president of the Senate and the Speaker of the House of Representatives on the compilation of the reports that are received from each public accredited crime laboratory and each law enforcement agency pursuant to subsections A and B of this section. The report must include any reconciliation and recommendations for increased compliance if necessary. The arizona criminal justice Commission shall post the reports on the commission's website.
D. For the purposes of this section, "Law enforcement agency" and "public accredited crime laboratory" have the same meanings prescribed in section 13-1426.