SB 193 — An Act relating to sexual assault examination kits; establishing the sexual assault examination kit tracking system; and providing for an effective date.

33-GS2317\B33-GS2317\A CS FOR SENATE BILL NO.

193(STA)193 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THE SENATE STATERULES AFFAIRS COMMITTEE Referred:BY REQUEST OF THE GOVERNOR Introduced:

Finance1/18/24 Sponsor(s):Referred:

SENATEState RULESAffairs, COMMITTEEFinance BY REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to sexual assault examination kits;

AS 12.61.010(a) is amended to read:

(a) Victims of crimes have the following rights:

(1) the right to be present during any proceeding in (A) the prosecution and sentencing of a defendant if the defendant has the right to be present, including being present during testimony even if the victim is likely to be called as a witness;

(B) the adjudication of a minor as provided under AS 47.12.110;

(2) the right to be notified by the appropriate law enforcement agency or the prosecuting attorney of any request for a continuance that may substantially delay the prosecution and of the date of trial, sentencing, including a proceeding SB0193B -1- CSSB 193(STA) New Text Underlined [DELETED TEXT BRACKETED] 33-GS2317\B before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which the defendant's release from custody is considered;

(3) the right to be notified that a sentencing hearing or a court proceeding to which the victim has been subpoenaed will not occur as scheduled;

(4) the right to receive protection from harm and threats ofahrm arising out of cooperation with law enforcement and prosecution efforts and to be provided with information as to the protection available;

(5) the right to be notified of the procedure to be followed to apply for and receive any compensation under AS 18.67;

(6) at the request of the prosecution or a law enforcement agency, the right to cooperate with the criminal justice process without loss of pay and other employee benefits except as authorized by AS 12.61.017 and without interference in any form by the employer of the victim of crime;

(7) the right to obtain access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having medical assistance administered;

however, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance;

(8) the right to make a written or oral statement for use in preparation of the presentence report of a felony defendant;

(9) the right to appear personally at the defendant's sentencing hearing to present a written statement and to give sworn testimony or an unsworn oral presentation;

(10) the right to be informed by the prosecuting attorney, at any time after the defendant's conviction, about the complete record of the defendant's convictions;

(11) the right to notice under AS 12.47.095 concerning the status of the defendant found not guilty by reason of insanity;

(12) the right to notice under AS 33.16.087 of a hearing concerning special medical parole of the defendant;

CSSB 193(STA) -2- SB0193B New Text Underlined [DELETED TEXT BRACKETED] 33-GS2317\B (13) the right to notice under AS 33.16.120 of a hearing to consider or review discretionary parole of the defendant;

(14) the right to notice under AS 33.30.013 of the release or escape of the defendant;

[AND] (15) the right to be notified orally and in writing of and receive information about the office of victims' rights from the law enforcement officer initially investigating the crime and from the prosecuting attorney assigned to the offense;

at a minimum, the information provided must include the address, telephone number, and Internet address of the office of victims' rights;

this paragraph (A) applies only to victims of felonies and to victims of class A misdemeanors if the class A misdemeanor is a crime involving domestic violence or a crime against a person under AS 11.41;

if the victim is an unemancipated minor, the law enforcement officer and the prosecuting attorney shall also provide the notice required by this paragraph to the parent or guardian of the minor;

(B) is satisfied if, at the time of initial contact with the crime victim, the investigating officer and prosecuting attorney each give each crime victim a brochure or other written material prepared by the office of victims' rights and provided to law enforcement agencies for that purpose;

and (16) the right to be notified of the location and testing date of a sexual assault examination kit collected from the victim.

* Sec.

2.

(a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual assault examination kit is used to gather evidence under AS 18.68.010, [THE AGENCY SHALL] (1) a health care provider that gathers the evidence shall, within 14seven days after gatheringusing the sexual assault examination kit to gather the evidence, notify the appropriate law enforcement agency that the sexual assault examination kit is available to be sent to an accredited laboratory in coordination with the Department of Public SafetySafty or a laboratory operated by the Department of Public Safety;

(2) a law enforcement agency that gathersis thenotified evidenceby orthe thathealth iscare SB0193BSB0193A -3--1- CSSBSB 193(STA)193 New Text Underlined [DELETED TEXT BRACKETED] 33-GS2317\B33-GS2317\A notified by a health care provider under (1) of this subsection shall,or (A)that withinuses 20a [30]sexual daysassault afterexamination gatheringkit to gather the evidence orshall (A) within 30 days after receiving notification from the health care provider [THEor AGENCYusing the sexual assault examination kit to gather the evidence [AGENCY COLLECTS THE SEXUAL ASSAULT EXAMINATION KIT], send the sexual assault examination kit to an accredited laboratory in coordination with the Department of Public Safety or a laboratory operated by the Department of Public Safety;

and (3) a laboratory to which the sexual assault examination kit is sent under (2) of this subsection shall, within 120six daysmonths after receivingthe laboratory receives the sexual assault examination kit, conduct a serological or DNA test on the sexual assault examination kit.

3.2.

4.3.

(c) If a case is resolved before a sexual assault examination kit is tested, a health care provider, a law enforcement agency, or a laboratory in possession of the sexual assault examination kit is not required to meet the time limits established in (a) of this section.

SB 193 -2- SB0193A New Text Underlined [DELETED TEXT BRACKETED] 33-GS2317\A * Sec.

5.4.

CSSB 193(STA) -4- SB0193B New Text Underlined [DELETED TEXT BRACKETED] 33-GS2317\B (e) A health care provider, law enforcement agency, or laboratory in possession of a sexual assault examination kit shall enter information specified by the Department of Public Safety into the sexual assault examination kit tracking system under AS 44.41.067.

6.5.