Amendment ID: S2025-64

Amendment 64

Sexual Assault Evidence Collection

Ms. Creem and Ms. Forry move to amend the bill by adding at the end thereof the following new sections:-

SECTION ___.  Section 18¾ of chapter 6A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting the following new subsection:-

(10) to develop and implement, in consultation with the department of public health, statewide policies and procedures, including a uniform protocol, for transporting sexual assault evidence collection kits directly from hospitals to appropriate testing facilities.

SECTION ___.  Section 97B of chapter 41 of the General Laws, is hereby amended by striking, after the words “shall be kept” in line 27 the following  language:- “for a period of at least six months upon the written request of the victim at the time the evidence is obtained upon forms provided to such victim by the hospital” and inserting the following new language:-“until the expiration of the applicable statute of limitations.”

SECTION ___.  Notwithstanding the provisions of any general or special law to the contrary, the executive office of public safety and security is hereby authorized and directed to conduct a comprehensive study related to sexual assault evidence collection kits.  Said study shall include, but not be limited to, a study on the (i) effectiveness and cost of a system allowing for the online completion of provider sexual crime reports, with electronic notification, after each said report is submitted, to said office and to the local police department; (ii)  feasibility and cost of a web-based tracking system to allow agencies involved in the response to and prosecution of rapes and sexual assault to track sexual assault evidence collection kits, pediatric sexual assault evidence collection kits, and toxicology kits using a machine-scannable bar code number uniquely assigned to each rape kit, so their status may be known at all times;  (iii) feasibility and cost of an automated 24-hour hotline for sexual assault survivors to determine the status and location of their kits; (iv) effectiveness and cost of having designated state employees or state police transport rape kits from hospitals to the appropriate testing facility; (iv) feasibility and cost of any necessary statutory or regulatory changes required to allow for transport of sexual assault evidence collection kits and toxicology kits by mail, delivery service, or private courier.  Prior to issuing a report, the executive office shall hold a hearing to allow for public comment.  A report of the study’s findings shall be filed with the clerks of the house of representatives and senate by December 31, 2016.

SECTION ___.  The executive office of public safety and security shall develop and implement a pilot program utilizing a rapid DNA service protocol to assist in the collection and analysis of forensic evidence from alleged victims of sexual assault.  In developing such a program, the executive office of public safety and security shall examine existing programs, including the program implemented in California, as a model.