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Minnesota Legislature

Office of the Revisor of Statutes

SF 1081

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 08/21/2015 10:05am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7
2.8

A bill for an act
relating to public safety; accounting for untested sexual assault test kits; requiring
a report.

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

Section 1. new text beginSTATEWIDE ACCOUNTING OF UNTESTED RAPE KITS.
new text end

new text begin (a) As used in this section, the following terms have the meanings provided:
new text end

new text begin (1) "bureau" means the Bureau of Criminal Apprehension;
new text end

new text begin (2) "forensic laboratory" has the meaning provided in Minnesota Statutes, section
299C.157, subdivision 1, clause (2);
new text end

new text begin (3) "rape kit" means a sexual assault examination kit;
new text end

new text begin (4) "superintendent" means the superintendent of the bureau;
new text end

new text begin (5) "untested rape kit" means a rape kit that has been used to collect evidence and:
(i) has not been submitted to the bureau for DNA analysis but has been cleared for testing
through the written consent of the victim; or (ii) has been submitted to the bureau for
DNA analysis but the analysis has not been completed; and
new text end

new text begin (6) "victim" has the meaning provided in Minnesota Statutes, section 611A.01,
paragraph (b).
new text end

new text begin (b) By August 1, 2015, the director of the bureau's forensic science division, each
executive director of a publicly funded forensic laboratory that tests rape kits, and each
sheriff and chief of police must prepare and submit a written report to the superintendent
that identifies the number of untested rape kits in the possession of the official's agency
or department. The report must be in a form prescribed by the superintendent. At a
minimum, each untested rape kit must be identified in the report by the date the evidence
was collected and reasons why each untested rape kit was not tested. This report applies
only to untested rape kits collected prior to July 1, 2015.
new text end

new text begin (c) By December 1, 2015, the superintendent must submit a report to the majority
leader of the senate, the speaker of the house, and the Office of the Attorney General
identifying, by agency and date collected, each untested rape kit disclosed in the reports
required by paragraph (b). The report must also provide a detailed plan to resolve any
backlog of untested rape kits held by the bureau and other agencies or departments.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end