HOUSE DOCKET, NO. 1158        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3614

The Commonwealth of Massachusetts

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PRESENTED BY:

Carmine L. Gentile and Natalie Higgins

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the tracking and testing of sexual assault kits.

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PETITION OF:

HOUSE DOCKET, NO. 1158        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3614

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the tracking and testing of sexual assault kits.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 6A of the General Laws is hereby amended by inserting after section 18V the following section:-

Section 18X. (a) There shall be within the executive office of public safety and security a statewide sexual assault kit tracking system. The secretary of public safety and security, hereinafter referred to as the secretary, may contract with state or non-state entities including, but not limited to, private software and technology providers, for the creation, operation, and maintenance of the system. For the purposes of this section, a sexual assault kit shall include the standardized kit for the collection and preservation of evidence in sexual assault or rape cases as designed by the municipal police training committee pursuant to section 97B of chapter 41.

(b) The statewide sexual assault kit tracking system shall:

(i) track the location and status of sexual assault kits throughout the criminal justice process, including; (1) the initial collection in examinations performed at hospitals or medical facilities, (2) receipt and storage at a governmental entity, including a local law enforcement agency, the department of state police, a district attorney’s office or any other official body of the commonwealth or of a county, city or town, (3) a hospital or medical facility that is in possession of forensic evidence pursuant to said section 97B, (4) receipt and analysis at forensic laboratories, and (5) storage and any destruction after completion of analysis;

(ii) allow hospitals or medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the crime laboratory within the department of state police, and other entities in the custody of sexual assault kits to update and track the status and location of sexual assault kits;

(iii) allow victims of sexual assault to anonymously track or receive updates regarding the status of their sexual assault kits; and

(iv) use electronic technology or technologies allowing continuous access.

(c) The secretary may use a phased implementation process in order to launch the system and facilitate entry and use of the system for required participants. The secretary may phase initial participation according to region, volume or other appropriate classifications. All entities in the custody of sexual assault kits shall fully participate in the system no later than June 30, 2019.

(d) The secretary shall submit a report on the current status and plan for launching the system, including the plan for phased implementation, to the general court’s joint committee on the judiciary, and the governor no later than January 1, 2018.

(e) The secretary shall submit a semiannual report on the statewide sexual assault kit tracking system to the joint committee on judiciary. The secretary may publish the current report on its web site. The first report is due June 30, 2019, and subsequent reports are due on or before January 31 and July 31 of each year. The report shall include the following:

(1) the total number of sexual assault kits in the system statewide and by jurisdiction;

(2) the total and semiannual number of sexual assault kits where forensic analysis has been completed statewide and by jurisdiction;

(3) the number of sexual assault kits added to the system in the reporting period statewide and by jurisdiction;

(4) the total and semiannual number of sexual assault kits where forensic analysis has been requested but not completed statewide and by jurisdiction;

(5) the average and median length of time for sexual assault kits to be submitted for forensic analysis after being added to the system, including separate sets of data for all sexual assault kits in the system statewide and by jurisdiction and for sexual assault kits added to the system in the reporting period statewide and by jurisdiction; 

(6) the average and median length of time for forensic analysis to be completed on sexual assault kits after being submitted for analysis, including separate sets of data for all sexual assault kits in the system statewide and by jurisdiction and for sexual assault kits added to the system in the reporting period statewide and by jurisdiction;

(7) the total and semiannual number of sexual assault kits destroyed or removed from the system statewide and by jurisdiction;

(8) the total number of sexual assault kits, statewide and by jurisdiction, where forensic analysis has not been completed and 6 months or more have passed since those sexual assault kits were added to the system;

(9) the total number of sexual assault kits, statewide and by jurisdiction, where forensic analysis has not been completed and 1 year or more has passed since those sexual assault kits were added to the system;

(10) the total number of sexual assault kits, statewide and by jurisdiction, retained for the length of the statute of limitations for the identified crime, such crime being identified in the report, whether or not that crime has been charged; and

(11) the total number of sexual assault kits, statewide and by jurisdiction retained for 15 years or more pursuant to section 97B of chapter 41.

(f) For the purpose of reports under subsection (e) of this section, a sexual assault kit shall be assigned to the jurisdiction associated with the law enforcement agency anticipated to receive the sexual assault kit or otherwise in the custody of the sexual assault kit.

(g) Any public agency or entity, including its officials and employees, and any hospital and its employees providing services to victims of sexual assault may not be held civilly liable for damages arising from any release of information or the failure to release information related to the statewide sexual assault kit tracking system, so long as the release was without gross negligence.

(h) Local law enforcement agencies shall participate in the statewide sexual assault kit tracking system established in this section for the purpose of tracking the status of all sexual assault kits in the custody of local law enforcement agencies and other entities contracting with local law enforcement agencies. Local law enforcement agencies shall begin full participation in the system according to the implementation schedule established by the secretary.

(i) The director of the crime laboratory within the department of state police shall participate in the statewide sexual assault kit tracking system established in this section for the purpose of tracking the status of all sexual assault kits in the custody of the department of state police and other entities contracting with the department of state police. The department of state police shall begin full participation in the system according to the implementation schedule established by the secretary.

(j) A hospital or medical facility licensed pursuant to chapter 111 shall participate in the statewide sexual assault kit tracking system established in this section for the purpose of tracking the status of all sexual assault kits collected by or in the custody of hospitals and other entities contracting with hospitals. Hospitals shall begin full participation in the system according to the implementation schedule established by the secretary.