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REFERENCE TITLE: sexual assault; survivor rights |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1254 |
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Introduced by Senators Steele: Alston, Bowie, Bradley, Contreras, Gonzales, Mendez, Otondo, Peshlakai, Quezada, Rios; Representatives Cano, Chávez, DeGrazia, Engel, Gabaldón, Hernandez A, Jermaine, Powers Hannley, Rodriguez, Sierra, Teller, Tsosie
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AN ACT
Amending title 8, chapter 3, article 7, Arizona Revised Statutes, by adding section 8‑423; amending title 13, chapter 40, Arizona Revised Statutes, by adding section 13-4443; relating to victims' rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 8-423, to read:
8-423. Survivor of sexual assault rights
A. In addition to the rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, the survivor of a sexual assault has the following rights:
1. The right not to be prevented from, or charged for, receiving a medical forensic examination.
2. The right to:
(a) Have a medical forensic examination, whether or not the person reported the sexual assault to or is cooperating with law enforcement.
(b) Have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of fifty‑five years or the applicable retention period required by section 13‑4221, whichever is shorter.
(c) Be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report or other information collected as part of a medical forensic examination, if the disclosure would not impede or compromise an ongoing investigation.
(d) Be informed in writing of policies that govern the collection and preservation of a sexual assault evidence collection kit.
3. The right, on written request, to:
(a) Receive written notification from the appropriate official with custody of the sexual assault evidence collection kit or its probative evidence not later than sixty days before the intended destruction or disposal of any evidence.
(b) Be granted further preservation of the sexual assault evidence collection kit or its probative evidence.
B. The survivor of a sexual assault must be informed of the rights provided by this section.
Sec. 2. Title 13, chapter 40, Arizona Revised Statutes, is amended by adding section 13-4443, to read:
13-4443. Survivor of sexual assault rights
A. In addition to the rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, the survivor of a sexual assault has the following rights:
1. The right not to be prevented from, or charged for, receiving a medical forensic examination.
2. The right to:
(a) Have a medical forensic examination, whether or not the person reported the sexual assault to or is cooperating with law enforcement.
(b) Have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of fifty‑five years or the applicable retention period required by section 13‑4221, whichever is shorter.
(c) Be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report or other information collected as part of a medical forensic examination, if the disclosure would not impede or compromise an ongoing investigation.
(d) Be informed in writing of policies that govern the collection and preservation of a sexual assault evidence collection kit.
3. The right, on written request, to:
(a) Receive written notification from the appropriate official with custody of the sexual assault evidence collection kit or its probative evidence not later than sixty days before the intended destruction or disposal of any evidence.
(b) Be granted further preservation of the sexual assault evidence collection kit or its probative evidence.
B. The survivor of a sexual assault must be informed of the rights provided by this section.