North Carolina 2019-2020 Session Status: In Committee Bipartisan · 4 R · 3 D cosponsors

SB 46 — Standing Up for Rape Victims Act of 2019.

Last action — Reptd Fav Com Substitute

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

153 added · 154 removed

Plain-language change summary

The latest version of Bill SB 46 includes provisions to ensure that law enforcement agencies quickly take custody of and preserve sexual assault examination kits. Specifically, agencies must collect these kits within seven days of receiving notification and submit them to a state laboratory within 45 days after taking custody. These changes aim to improve the handling of evidence in sexual assault cases, which can help in the pursuit of justice for victims.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 46 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 46 Judiciary Committee Substitute Adopted 3/20/19 Short Title:
Senators Daniel, Britt, McKissick (Primary Sponsors);
deViere, Edwards, Foushee, Garrett, J.
Jackson, Marcus, McInnis, Mohammed, Nickel, Searcy, and Smith.
Rules and Operations of the Senate February 13, 2019 A BILL TO BE ENTITLED AN ACT TO REQUIRE TESTING OF ALL SEXUAL ASSAULT EXAMINATION KITS.
February 13, 2019 A BILL TO BE ENTITLED AN ACT TO REQUIRE TESTING OF ALL SEXUAL ASSAULT EXAMINATION KITS.
– A reported sexual assault examination kit, whereupon completion of the investigation it was concluded *S46-v-1* General Assembly Of North Carolina Session 2019 by the investigating law enforcement agency, based on clear and convincing evidence, that a crime did not occur.
– A reported sexual assault examination kit, whereupon completion of the investigation it was concluded by the investigating law enforcement agency, based on clear and convincing evidence, that a crime did not occur.
(6) Unreported sexual assault examination kit.
*S46-v-2* General Assembly Of North Carolina Session 2019 (6) Unreported sexual assault examination kit.
The survey and review required under this subdivision shall be completed as soon as practicable, but no later than three months after the effective date of this section.
The survey and review required under this subdivision shall be completed as soon as practicable, but no later than nine months after the effective date of this section.
Page 2 Senate Bill 46-First Edition General Assembly Of North Carolina Session 2019 (3) Upon determination by the review team that a sexual assault examination kit is of priority status and not subject to subsection (e) of this section, the law enforcement agency shall notify the State Crime Laboratory, or a laboratory approved bythe State Crime Laboratory, of the sexual assault examination kit and submit a request for testing of the sexual assault examination kit.
(3) Upon determination by the review team that a sexual assault examination kit is of priority status and not subject to subsection (e) of this section, the law enforcement agency shall notify the State Crime Laboratory, or a laboratory Page 2 Senate Bill 46-Second Edition General Assembly Of North Carolina Session 2019 approved bythe State Crime Laboratory, of the sexual assault examination kit and submit a request for testing of the sexual assault examination kit.
Senate Bill 46-First Edition Page 3 General Assembly Of North Carolina Session 2019 (1) Constituting grounds upon which a person maychallenge in anyhearing, trial, or other court proceeding the validity of DNA evidence in any criminal or civil proceeding.
(1) Constituting grounds upon which a person maychallenge in anyhearing, trial, or other court proceeding the validity of DNA evidence in any criminal or civil proceeding.
(2) Justification for the exclusion of evidence generated from a sexual assault examination kit.
Senate Bill 46-Second Edition Page 3 General Assembly Of North Carolina Session 2019 (2) Justification for the exclusion of evidence generated from a sexual assault examination kit.
114-66, as enacted bySection 2 of this act.
15A-266.5A, as enacted by Section 2 of this act.
Page 4 Senate Bill 46-First Edition
Page 4 Senate Bill 46-Second Edition
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Action History

  1. Reptd Fav Com Substitute

  2. Com Substitute Adopted

  3. Re-ref to Appropriations/Base Budget

  4. Sequential Referral To Rules and Operations of the Senate Stricken

  5. Sequential Referral To Appropriations/Base Budget Added

  6. Sequential Referral To Rules and Operations of the Senate Added

  7. Withdrawn From Com

  8. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  9. Passed 1st Reading

  10. Ref To Com On Rules and Operations of the Senate

  11. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 12 co-sponsors · 165 not signed on

Sponsors (2)

Co-sponsors (12)

Not signed on (165)

165 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 46?
SB 46 is sponsored by Warren Daniel (Republican), Danny Earl Britt, Jr. (Republican), McKissick, deViere, Edwards, Foushee, Marcus, Tom McInnis (Republican), Nickel, Searcy, Kandie D. Smith (Democratic), Mujtaba A. Mohammed (Democratic), Brent Jackson (Republican), and Michael Garrett (Democratic).
What is the current status of SB 46?
This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 46?
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Last checked for changes 3 months ago · updated continuously

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