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SF 2019

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/07/2023 10:32am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to crime; providing time limit for forensic laboratory testing of sexual
assault examination kits; amending Minnesota Statutes 2022, section 299C.106,
subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 299C.106, subdivision 3, is amended to read:


Subd. 3.

Submission and storage of sexual assault examination kits.

(a) 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. 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.

(b) Within 60 days of a hospital preparing a restricted sexual assault examination kit or
a law enforcement agency receiving a restricted sexual assault examination kit from a
hospital, the hospital or the agency shall submit the kit to deleted text begin the Bureau of Criminal
Apprehensiondeleted text end new text begin a forensic laboratorynew text end . The deleted text begin bureaudeleted text end new text begin laboratorynew text end shall store all restricted sexual
assault examination kits collected by hospitals or law enforcement agencies in the state.
The deleted text begin bureaudeleted text end new text begin laboratory new text end shall retain a restricted sexual assault examination kit for at least 30
months from the date the deleted text begin bureaudeleted text end new text begin laboratorynew text end receives the kit.

new text begin (c) The receiving forensic laboratory must test the sexual assault examination kit within
90 days of receipt from a hospital or law enforcement agency. Upon completion of testing,
the forensic laboratory will update the kit-tracking database to indicate that testing is
complete. The forensic laboratory must notify the submitting agency when any kit testing
does not meet the 90-day deadline and provide an estimated time frame for testing
completion.
 new text end