HB 1821 — 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 sexual assault evidence collection program; and requiring the Pennsylvania State Police to complete and submit a report.

PRIOR PRINTER'S NO.

2478 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2777 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

MILLER, CALTAGIRONE, SCHLOSSBERG, DEAN, NEILSON,O'BRIEN, McNEILL,W. MURT, READSHAW, BIZZARRO, A.

HARRIS,KELLER, SIMS,DAVIS, WARD,BARBIN, ROZZI,V. CARROLL, DEASY, FRANKEL, DeLUCA, COX, GILLEN, MATZIE, CRUZ AND LONGIETTI, SEPTEMBER 26, 2017 AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 5, 2017 AN ACT Amending the act of November 29, 2006 (P.L.1471, No.165), entitled, as amended, "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;

establishingBROWN, civilD. immunity;

andCOSTA, providingNEILSON, forMcNEILL, rightsMURT, ofREADSHAW, evidenceBIZZARRO, collectionA. program;

andHARRIS, establishingSIMS, theWARD, CommissiontROZZI, <--CARROLL, onDEASY, SexualFRANKEL, AssaultDeLUCA, TestingCOX, REQUIRINGGILLEN, THEMATZIE PENNSYLVANIAAND STATECRUZ, <--SEPTEMBER POLICE26, 2017 REFERRED TO COMPLETECOMMITTEE ANDON SUBMITJUDICIARY, ASEPTEMBER REPORT.26, 2017 AN ACT Amending the act of November 29, 2006 (P.L.1471, No.165), entitled, as amended, "An act providing for a sexual assault Department of Health and the Pennsylvania State Police;f the establishing civil immunity;

and providing for rights of sexual assault victims," further providing for sexual assault evidence collection program;

and establishing the Commission on Sexual Assault Testing.

Laboratories which have been approved by the Federal Bureau of Investigation to access CODIS or an equivalent federally administered national 20170HB1821PN2777 - 2 - DNA database shall be automatically approved to receive 20170HB1821PN2478 - 2 - sexual assault evidence for testing and analysis under subsection (c).

20170HB1821PN2777 - 3 - (2) If a victim wishes to consent to the testing of the 20170HB1821PN2478 - 3 - sexual assault evidence, the victim or a victim advocate acting at the victim's direction shall provide written notice to the local law enforcement agency and the district attorney of the jurisdiction where the reported sexual assault occurred.

(5) The failure of a health care facility or local law enforcement agency to submit the sexual assault evidence in 20170HB1821PN2777 - 4 - accordance with paragraph (1) or (3) shall not alter the 20170HB1821PN2478 - 4 - authority of a local law enforcement agency to submit the evidence or the authority of a laboratory approved by the department to accept and analyze the evidence.

<-- (a) Establishment.--A Commission on Sexual Assault Testing is established to annually review sexual assault testing in this Commonwealth.

20170HB1821PN2777 - 5 - (11) A representative from a crime lab which engages in 20170HB1821PN2478 - 5 - forensic testing of rape kits.

SECTION 6.

REPORT BY PENNSYLVANIA STATE POLICE.

<-- IN CONSULTATION WITH THE DEPARTMENT, PCAR AND, AS NECESSARY WITH LOCAL LAW ENFORCEMENT, THE PENNSYLVANIA STATE POLICE SHALL 20170HB1821PN2777 - 6 - COMPILE THE FOLLOWING DATA AND SUBMIT A REPORT TO THE DEPARTMENT BY DECEMBER 31, 2018, AND BIANNUALLY THEREAFTER:

(1) THE VOLUME OF SEXUAL ASSAULT EVIDENCE SUBMITTED FOR TESTING.

(2) THE VOLUME OF SEXUAL ASSAULT EVIDENCE AWAITING TESTING.

(3) THE RATE OF SUBMISSION OF SEXUAL ASSAULT EVIDENCE BY LAW ENFORCEMENT AGENCIES IN COMPLIANCE WITH THE PROVISIONS OF THIS ACT.

(4) THE SPEED OF TESTING OF SEXUAL ASSAULT EVIDENCE, AVERAGE WAIT TIME TO COMPLETE TESTING AND REASONS FOR ANY DELAYS IN SUBMISSION OR TESTING OF SEXUAL ASSAULT EVIDENCE.

(5) A REVIEW OF CURRENT PRACTICES, INCLUDING INTERAGENCY COLLABORATION WITH LAW ENFORCEMENT AGENCIES AND RAPE CRISIS CENTERS, IN RAPE KIT EVIDENCE COLLECTION.

20170HB1821PN2478 - 6 - (ii) This section.

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