HF 2983

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 03:57pm

A bill for an act
relating to public safety; requiring all unrestricted sexual assault examination kit
samples to be tested; establishing retention and storage requirements for sexual
assault examination kits; requiring the design and publication of a uniform sexual
assault examination kit consent form; creating a searchable database to track the
status of testing of sexual assault examination kits; appropriating money for
additional lab scientists and software upgrades; amending Minnesota Statutes
2018, section 299C.106, subdivision 3, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2018, section 299C.106, subdivision 3, is amended to read:

Subd. 3.

Submission new text begin and storage new text end of deleted text begin unrestricted deleted text end sexual assault examination deleted text begin kit deleted text end new text begin
kits new text end .

new text begin (a) new text end Within 60 days of receiving an unrestricted sexual assault examination kit, a law
enforcement agency shall submit the kit for testing to a forensic laboratory new text begin . new text end deleted text begin , unless the law
enforcement agency deems the result of the kit would not add evidentiary value to the case.
If a kit is not submitted during this time, the agency shall make a record, in consultation
with the county attorney, stating the reasons why the kit was not submitted. Restricted sexual
assault examination kits shall not be submitted for testing. deleted text end new text begin The testing laboratory shall return
unrestricted sexual assault examination kits to the submitting agency for storage after testing
is complete. The submitting agency must store unrestricted sexual assault examination kits
indefinitely.
new text end

new text begin (b) Within 60 days of receiving a restricted sexual assault examination kit, a law
enforcement agency shall submit the kit directly to the Bureau of Criminal Apprehension.
The bureau shall store all restricted sexual assault examination kits collected by law
enforcement agencies in the state. The bureau shall retain a restricted sexual assault
examination kit for at least 30 months from the date the bureau receives the kit.
new text end

Sec. 2.

Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Uniform consent form. new text end

new text begin The superintendent of the Bureau of Criminal
Apprehension shall develop a uniform sexual assault examination kit consent form. The
form must clearly explain the differences between designating a kit as unrestricted or
restricted. In developing and designing the consent form, the superintendent must consult
with hospital administrators, sexual assault nurse examiners, the Minnesota Coalition Against
Sexual Assault, and other stakeholders. The uniform consent form shall be widely distributed
to law enforcement agencies, medical providers, and other stakeholders. The superintendent
must make the form available on the bureau's website.
new text end

Sec. 3.

Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Web database requirement. new text end

new text begin The commissioner, in consultation with the
commissioner of administration, must maintain a website with a searchable database
providing sexual assault victims with information on the status of their individual sexual
assault examination kit. The superintendent must strictly control access to the database to
protect the privacy of the victims' data.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin (a) $....... is appropriated from the general fund to the Department of Public Safety to
hire and train additional scientists and toxicologists in the Bureau of Criminal Apprehension.
new text end

new text begin (b) $....... is appropriated from the general fund to the Department of Public Safety to
store and test sexual assault examination kits.
new text end

new text begin (c) $....... is appropriated from the general fund to the Department of Public Safety to
design, build, and maintain a searchable sexual assault examination kit database and to
create a uniform sexual assault examination kit testing consent form.
new text end