HOUSE OF REPRESENTATIVES

H.B. NO.

1907

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 2

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SEXUAL ASSAULT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 844D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"844D-   Sexual assault evidence; reporting. (a) By September 30, 2016, all law enforcement agencies and departments charged with the maintenance, storage, and preservation of sexual assault evidence collection kits shall conduct an inventory of all such kits being stored by the agency or department.

(b) By September 30, 2016, each law enforcement agency and department shall compile, in writing, a report containing the number of untested sexual assault evidence collection kits in the possession of the agency or department and the date the sexual assault evidence collection kit was collected. The report shall be transmitted to the department of the attorney general.

(c) By December 1, 2016, the department of the attorney general shall prepare and transmit a report to the president of the senate and the speaker of the house of representatives containing the number of untested sexual assault evidence collection kits being stored by each county, by each law enforcement agency or department, and the date the untested kit was collected. The report shall also provide the following information:

(1) An explanation of the processes that were used in the past to decide which sexual assault evidence collection kits were and were not tested;

(2) Progress made to reduce the number of untested sexual assault evidence collection kits to date;

(3) A plan and expected timeframe for further reduction in the number of untested sexual assault evidence collection kits;

(4) A plan for determining priority of untested sexual assault evidence collection kits and new sexual assault evidence collection kits for testing;

(5) Processes that have been adopted or will be adopted to better track and inventory tested and untested sexual assault evidence collection kits, including their locations;

(6) Expected outcomes from testing untested sexual assault evidence collection kits and testing new sexual assault evidence collection kits;

(7) The criteria used for testing the untested sexual assault evidence collection kits and testing of new sexual assault evidence collection kits;

(8) The sites and locations of the testing of the untested sexual assault evidence collection kits and testing of new sexual assault evidence collection kits;

(9) Victim notification, support services, and other resources that may become necessary in connection with testing untested sexual assault evidence collection kits and new sexual assault evidence collection kits;

(10) The expected cost of all projected plans and processes not yet in place for testing untested sexual assault evidence collection kits and new sexual assault evidence collection kits;

(11) An assessment of potential funding sources, including federal grants for which applications have been, will be, or may be submitted; and

(12) Potential areas for further legislative action or policy changes.

(d) As used in this section:

"Forensic medical examination" means an examination provided to the victim of a sexually-oriented criminal offense by a health care provider for the purpose of gathering and preserving evidence of a sexual assault.

"Sexual assault evidence collection kit" means a human biological specimen or specimens collected by a health care provider during a forensic medical examination from the victim of a sexually-oriented criminal offense, and related to a criminal investigation.

"Untested sexual assault evidence collection kit" means a sexual assault evidence collection kit that has not been submitted to a qualified laboratory for either a serology or DNA test."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2016-2017 to initiate the testing of at least five hundred untested sexual assault evidence collection kits by December 31, 2016; provided that the department of the attorney general shall distribute the sum among the county of Hawaii, county of Maui, and city and county of Honolulu based on each county's pro rata share of untested kits as of July 1, 2016.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 7, 2059.



 

Report Title:

Sexual Assault Evidence Collection Kit; Reporting; Attorney General; Sexual Assault; Forensic Evidence; Appropriation

 

Description:

Requires all law enforcement agencies and departments charged with maintenance, storage, and preservation of sexual assault evidence collection kits to conduct an inventory of all kits they store and transmit a report of the number of untested sexual assault evidence kits they possess to the department of the attorney general. Requires the department of the attorney general to report the number of untested sexual assault evidence kits being stored and various information related to those kits. Appropriates funds to initiate testing of at least five hundred untested sexual assault evidence collected kits. Takes effect on 1/7/2059. (SD2)

 

 

 

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