SF 3443

as introduced - 89th Legislature (2015 - 2016) Posted on 04/05/2016 08:58am

A bill for an act
relating to public safety; requiring testing of sexual assault examination kits;
allowing patients to opt out of testing sexual assault examination kits; requiring
peace officers to participate in recurring sexual assault investigation training;
amending Minnesota Statutes 2014, section 626.8451, subdivisions 2, 3, 4,
by adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapter 299C.

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

Section 1.

new text begin [299C.106] SEXUAL ASSAULT EXAMINATION KIT TESTING;
ANNUAL REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the
meanings given:
new text end

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

new text begin (2) "patient" means a person who submits to a sexual assault examination;
new text end

new text begin (3) "sexual assault examination kit" is a set of items designed to collect biological
material from a patient in a sexual assault examination; and
new text end

new text begin (4) "untested sexual assault examination kit" means a sexual assault examination kit
that has been used to collect evidence and:
new text end

new text begin (i) has not been submitted to a forensic laboratory for DNA analysis and the patient
has not signed an affidavit as provided in subdivision 3; or
new text end

new text begin (ii) has been submitted to a forensic laboratory for DNA analysis, but the analysis
has not been completed.
new text end

new text begin Subd. 2. new text end

new text begin Testing required; DNA database. new text end

new text begin (a) Within 60 days of receiving a
sexual assault examination kit, a law enforcement agency must submit the kit for testing to
a forensic laboratory unless the patient signs an affidavit pursuant to subdivision 3.
new text end

new text begin (b) Within 30 days of testing a sexual assault examination kit, a forensic laboratory
must submit DNA samples to the Federal Bureau of Investigation's Combined DNA
Index System.
new text end

new text begin Subd. 3. new text end

new text begin Affidavit of patient. new text end

new text begin A person who administers a sexual assault
examination must:
new text end

new text begin (1) explain to the patient that the patient's sexual assault examination kit will be
submitted for testing and the DNA collected will be submitted to the Federal Bureau
of Investigation's Combined DNA Index System unless the patient signs an affidavit
declaring that the patient does not want the kit tested; and
new text end

new text begin (2) provide the patient with a copy of an affidavit to bar testing. The superintendent
shall create an affidavit form to be used for this purpose.
new text end

new text begin Subd. 4. new text end

new text begin Annual reports. new text end

new text begin (a) By September 1 of each year, the director of the
bureau's forensic science division, each executive director of a publicly funded forensic
laboratory that tests sexual assault examination kits, and each sheriff and chief of police
must prepare and submit a written report to the superintendent that identifies the number
of untested sexual assault examination 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 agency must identify each untested sexual assault examination kit by the
date the evidence was collected and provide the reasons why each untested sexual assault
examination kit has not been tested.
new text end

new text begin (b) Beginning in 2016, by December 1 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 sexual assault
examination kit disclosed in the reports required under paragraph (a). The report must
also provide a detailed plan to resolve any backlog of untested sexual assault examination
kits held by the bureau and other agencies or departments.
new text end

Sec. 2.

Minnesota Statutes 2014, section 626.8451, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Training course; sexual assault. new text end

new text begin The board shall prepare a training
course to educate peace officers in the best practices in responding to and investigating
sexual assaults. In preparing the training course, the board shall consult with the Bureau
of Criminal Apprehension, the Minnesota Chiefs of Police Association, the Minnesota
Sheriffs' Association, the Minnesota County Attorneys Association, a nonprofit foundation
formed to combat sexual assaults, and two representatives of victims advocacy groups
selected by the governor. The board shall update the training course at least every three
years.
new text end

Sec. 3.

Minnesota Statutes 2014, section 626.8451, subdivision 2, is amended to read:

Subd. 2.

Preservice training requirement.

An individual may not be licensed as
a peace officer unless the individual has received the training described in deleted text begin subdivision deleted text end new text begin
subdivisions new text end 1 new text begin and 1b new text end . An individual is not eligible to take the peace officer licensing
examination after August 1, 1994, unless the individual has received the training described
in subdivision 1a.

Sec. 4.

Minnesota Statutes 2014, section 626.8451, subdivision 3, is amended to read:

Subd. 3.

In-service training; board requirements.

The board must provide to chief
law enforcement officers instructional materials patterned after the materials developed by
the board under subdivisions 1 deleted text begin and 1a deleted text end new text begin to 1b new text end . These materials must meet board requirements
for continuing education credit and be updated periodically as the board considers
appropriate. The board must also seek funding for an educational conference to inform and
sensitize chief law enforcement officers and other interested persons to the law enforcement
issues associated with bias crimes and crimes of violence. If funding is obtained, the board
may sponsor the educational conference on its own or with other public or private entities.

Sec. 5.

Minnesota Statutes 2014, section 626.8451, subdivision 4, is amended to read:

Subd. 4.

In-service training; chief law enforcement officer requirements.

A
chief law enforcement officer must inform all peace officers within the officer's agency of
(1) the requirements of section 626.5531, (2) the availability of the instructional materials
provided by the board under subdivision 3, deleted text begin and deleted text end (3) the availability of continuing education
credit for the completion of these materials new text begin , and (4) the compulsory training requirement
in subdivision 5 new text end . The chief law enforcement officer must also encourage these peace
officers to review or complete the materials.

Sec. 6.

Minnesota Statutes 2014, section 626.8451, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin In-service training; peace officer requirements. new text end

new text begin The chief law
enforcement officer of every state and local law enforcement agency shall provide
in-service training in sexual assault response and investigation to every peace officer
and part-time peace officer employed by the agency whom the chief law enforcement
officer determines may be called upon to respond to or investigate a sexual assault. The
training shall comply with learning objectives developed and approved by the board under
subdivision 1b and shall consist of at least four hours of classroom training every five years.
new text end