SF 1081

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

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. STATEWIDE ACCOUNTING OF UNTESTED RAPE KITS.

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

(1) "bureau" means the Bureau of Criminal Apprehension;

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

(3) "rape kit" means a sexual assault examination kit;

(4) "superintendent" means the superintendent of the bureau;

(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

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

(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.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.