SB 920 — An Act amending the act of November 29, 2006 (P.L.1471, No.165), known as the Sexual Assault Testing and Evidence Collection Act, further providing for definitions; providing for sexual assault evidence tracking system; further providing for rights of sexual assault victims and for report by Pennsylvania State Police; and providing for waiver for victim.

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15121568 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

920 2024 INTRODUCED BY LANGERHOLC, ROBINSON, MARTIN, STEFANO, HAYWOODHAYWOOD, VOGEL AND VOGEL,FARRY, JANUARY 22, 2024 SENATORAS BAKER,AMENDED JUDICIARY,ON ASTHIRD AMENDED,CONSIDERATION, APRIL 8,30, 2024 AN ACT Amending the act of November 29, 2006 (P.L.1471, No.165), entitled "An act providing for a sexual assault evidence collection program and for powers and duties of the Department of Health and the Pennsylvania State Police;

and <-- further providing for rights of sexual assault victims and for report by Pennsylvania State Police.;Police;

ANDand PROVIDINGproviding FORfor <--waiver WAIVERfor FORvictim. VICTIM.

Section 2 of the act of November 29, 2006 <-- (P.L.1471, No.165), known as the Sexual Assault Testing and Evidence Collection Act, is amended by adding a definition to read:

SECTION 1.

THE DEFINITION OF "PCAR" IN SECTION 2 OF THE ACT <-- OF NOVEMBER 29, 2006 (P.L.1471, NO.165), KNOWN AS THE SEXUAL ASSAULT TESTING AND EVIDENCE COLLECTION ACT, IS AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:

* * * "PCAR." THE PENNSYLVANIA COALITION [AGAINST RAPE] TO ADVANCE <-- RESPECT.

* * * "TRACKING SYSTEM" OR "SYSTEM." THE STATEWIDE TRACKING SYSTEM ESTABLISHED UNDER SECTION 3.1(A) FOR EVIDENCE COLLECTED UNDER THE SEXUAL ASSAULT EVIDENCE COLLECTION PROGRAM.

(a) Establishment.--WithinEstablishment.--No 180later daysthan ofone NOyear LATERfrom THAN ONE <-- YEAR FROM the effective date of this subsection, in coordination with the Pennsylvania State Police, the commission shall establish and maintain a Statewide tracking system for evidence collected under the sexual assault evidence collection program.

(2) Be administered by the commission, with assistance from the Department of Health, the Office of Attorney General 20240SB0920PN1568 - 2 - and the Pennsylvania State Police.

(7) A safety or escape exit that allows a victim to 20240SB0920PN1512 - 2 - quickly close the tracking system on their device.

(11) Enable sexual assault evidence to be tracked and identified through the unique sexualrape assaultkit evidenceidentification kitnumber, <--bar code or other unique identification numberfeature orapproved barby codethe commission that the vendor applies to each sexualrape assault evidence kit.

RAPE(12) KITProvide IDENTIFICATIONthe <--ability NUMBER,to BARrecord CODEthe ORdate, OTHERtime UNIQUEand IDENTIFICATIONuser FEATUREidentification APPROVEDwhen BYa THEuser, COMMISSIONwho THATis THEnot VENDORa APPLIESvictim, TO20240SB0920PN1568 EACH- RAPE3 KIT.- accesses the system.

(12) Provide the ability to record the date, time and user identification when a user, WHO IS NOT A VICTIM, <-- accesses the system.

(15) TRACKTrack THEthe DESTRUCTIONdestruction OFof Aa RAPErape KITkit AFTERafter ANALYSISanalysis <--of OFthe THErape RAPEkit KITis IScompleted. COMPLETED.

(15) (16) Contain the following fields for tracking and <-- 20240SB0920PN1512 - 3 - reporting as follows:

(A) The date that the sexual assault evidence is 20240SB0920PN1568 - 4 - received from the local law enforcement agency or the Pennsylvania State Police.

(c)(C) OptMAINTENANCE out.--WhenAND sexualOPERATION.--THE assaultFOLLOWING evidenceSHALL isAPPLY: collected from <-- a victim, the victim shall be notified of the system.

A<-- victim(1) shallTHE haveCOMMISSION, theOR rightAN toENTITY optCONTRACTED outBY ofTHE theCOMMISSION, system.SHALL HAVE THE EXCLUSIVE RESPONSIBILITY AND AUTHORITY TO MAINTAIN AND OPERATE THE TRACKING SYSTEM'S SERVER.

IfTHE theTRACKING victimSYSTEM optsSHALL out,INCLUDE noA informationDATA shallBACKUP beSYSTEM enteredLOCATED intoON theA system.SERVER THAT SHALL AT ALL TIMES BE UNDER THE CONTROL OF THE COMMISSION OR THE ENTITY CONTRACTED BY THE COMMISSION.

20240SB0920PN1512(2) -FOR 4THE -PURPOSES (d)OF (C)THIS Training.--TheSUBSECTION, commissionTHE shallTERM create"ENTITY" andSHALL provideNOT <--INCLUDE comprehensiveA trainingGOVERNMENT toAGENCY. inform all users who are not victims about the existence of the tracking system, the requirements of the program and the requirements to use the tracking system.

(c) (D) Training.--The commission shall create and provide <-- comprehensive training to inform all users who are not victims about the existence of the tracking system, the requirements of the program and the requirements to use the tracking system.

(e)(d) Prior(E) rapeData.--Notwithstanding kitsany collected.--Inother coordinationprovision withof thelaw, <-- Pennsylvaniathe Statecommission Police,shall theprovide departmentaggregate anddata PCAR,related to the commissionsystem shalland developmay anot planprovide anddata beginthat implementingwould theotherwise plancompromise tothe onboardsafety intoof the systemvictim allor rapea kitssuccessful collectedprosecution beforewhen thedata effectiveis daterequested under the act of thisFebruary subsection14, that2008 have(P.L.6, notNo.3), hadknown as the testingRight-to-Know Law, or analysisany ofother therelevant rapestatute. kit completed.

The(e) commission(F) shallParticipation.--All notifyentities thethat victimhandle priorand toprocess onboarding<-- intorape thekits, systemincluding thehealth victim'scare rapefacilities, kitthe andPennsylvania provide20240SB0920PN1568 the- victim5 with- theState relevantPolice, informationlocal tolaw trackenforcement theagencies rapeand kitlaboratories, shall participate in the system.

(f)(G) (D)RESOURCE Data.--NotwithstandingONLY.--THE anyTRACKING otherSYSTEM provisionSHALL ofSERVE law,AS A <-- theRESOURCE commissionFOR shallA provideVICTIM. aggregate data related to the system and may not provide data that would otherwise compromise the safety of the victim or a successful prosecution when data is requested under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, or any other relevant statute.

(E)NOTWITHSTANDING PARTICIPATION.--ALLANY ENTITIESOTHER THATPROVISION HANDLEOF ANDLAW PROCESSOR <--COURT RAPERULE, KITS,INFORMATION INCLUDINGENTERED HEALTHINTO CARETHE FACILITIES,TRACKING THESYSTEM PENNSYLVANIASHALL STATENOT POLICE,SERVE LOCALAS LAWAN ENFORCEMENTOFFICIAL AGENCIESSTATUS ANDOF LABORATORIES,THE RAPE KIT AND SHALL PARTICIPATENOT INBE ADMISSIBLE TO CHALLENGE THE SYSTEM.CHAIN OF CUSTODY OF EVIDENCE IN A CRIMINAL PROCEEDING.

Section 5(a) introductory paragraph, (1) and (2) of the act are amended, paragraph (3) is amended by adding a subparagraph and the subsection is amended by adding paragraphs 20240SB0920PN1512 - 5 - to read:

(2) The right to, upon request by the victim, guardian or relative, a disclosure of information regarding the status 20240SB0920PN1568 - 6 - of any analysis being performed on any evidence that was collected during the investigation of the offense.

* * * (iv) Within 24 hours if the system established under <-- section 3.1 has a breach by an unauthorized user and the commission believes that the status of a victim's rape kit has been accessed.

* * * (6.1) The right to, upon written request, be granted further preservation of the rape kit or the rape kit's probative <--contents 20240SB0920PN1512by -the 6appropriate -official contents.with custody of the rape kit.

RAPE* KIT* OR* THE(9.1) RAPEThe KIT'Sright PROBATIVEto CONTENTSbe BYnotified <--of THEthe APPROPRIATEtracking OFFICIALsystem WITHestablished CUSTODYunder OFsection THE3.1. RAPE KIT.

<-- * * * (9.1)Section The4. right to be notified of and to opt out of the <-- tracking system established under section 3.1.

* * * Section 4.

* * * (6) Aggregate data provided by the system established <-- under section 3.1.

(7) A review of the current operation of the system 20240SB0920PN1568 - 7 - established under section 3.1, best practices in other states <-- and any recommended improvements to the system.

(8) An evaluation on the ability to on-board all rape kits collected prior to the effective date of this paragraph that have not had the testing or analysis of the rape kit completed.

This paragraph shall expire three years after the effective date of this paragraph.