Amendment #68, as changed to H4011

Rape Kit Backlog

Representatives Jones of North Reading, Hill of Ipswich, Poirier of North Attleborough, Gifford of Wareham, Frost of Auburn and Smola of Warren moves to amend the amendment Representatives Jones, Higgins of Leominster and Gentile of Sudbury move to amend amendment #68 by striking the text in its entirety and inserting in place thereof the following:¬-

“SECTION AA. Chapter 6A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 18V the following section:-

Section 18W. (a) There shall be within the executive office of public safety and security a statewide sexual assault evidence kit tracking system. The secretary of public safety and security, hereinafter referred to as the secretary, shall convene a multidisciplinary task force composed of members that include law enforcement professionals, crime lab personnel, prosecutors, victim advocates, victim attorneys, survivors, and sexual assault nurse examiners or sexual assault forensic examiners to help develop recommendations for a tracking system and identify funding sources.  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. A sexual assault evidence 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 evidence kit tracking system shall:

(i) track the location and status of sexual assault evidence 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 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, the crime laboratory within the Boston police department, 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 and 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 evidence kits shall fully participate in the system no later than December 1, 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 June 30, 2018.

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

(f) 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 evidence kit tracking system, so long as the release was without gross negligence.

(g) Local law enforcement agencies shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence 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, but not later than one year from the effective date of this act.

(h) The director of the crime laboratory within the department of state police shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence 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, but not later than one year from the effective date of this act.

(i) A hospital or medical facility licensed pursuant to chapter 111 shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence 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, but not later than one year from the effective date of this act.

(j) District attorney offices shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence kits. District attorney offices shall begin full participation in the system according to the implementation schedule established by the secretary.

(k) A victim connected to a sexual assault evidence kit must be provided notice, in writing, by the executive office of public safety and security, 60 days prior to the planned destruction of such sexual assault evidence kit.

Section 18X. Annually, on or before September 1st, the following reports regarding the previous fiscal year, shall be submitted to the executive office of public safety and security by law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store, or preserve sexual assault evidence kits:

A.total number of all kits containing forensic samples collected or received

B.for each kit:

a.date of collection or receipt;

b.category of the kit:

i.sexual assault was reported to law enforcement,

ii.victim chose not to file a report with law enforcement (non-investigatory);

c.status of the kit:

i.medical facilities: date the kit was collected, date the kit was reported to law enforcement, and date the kit was picked up by law enforcement;

ii.law enforcement: date the kit was picked up from a medical facility and date the kit was delivered to the crime laboratory;

1.For kits belonging to another jurisdiction: the date that the jurisdiction was notified and the date it was picked up;

iii.crime laboratories: date the kit was received, from which agency the kit was received, date the kit was tested, date the resulting information was entered into CODIS and the state DNA databases, and all reasons a kit was not tested or a DNA profile was not created.

C.total number of all kits remaining in possession of the medical facility, law enforcement, or laboratory, and all reasons for any kit in possession for more than 30 days.

D.total number of kits destroyed by medical facilities, law enforcement, or laboratories, and reason for destruction.

E.The executive office of public safety and security shall compile the information in a summary report that includes a list of all agencies or facilities that failed to participate in the audit. The annual summary report shall be made publicly available on the executive office of public safety and security’s website, and shall be submitted to the Governor, the Attorney General, and legislative leadership.

This annual report can obtain information from the tracking system established in section 18W and additional means, such as manual counts and review of records such as case files.

SECTION BB. Section 97B of chapter 41 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking in line, 41, the words “15 years” and inserting in place thereof, the words, “50 years”.

SECTION CC.  Chapter 41 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 97B, the following new section:—

Section 97B ½. (a) Any hospital licensed pursuant to chapter 111 and all other medical facilities that conduct medical forensic examinations shall notify a local law enforcement agency at the time the evidence is obtained and no later than 24 hours after the collection of a new sexual assault evidence kit.

(a)Local law enforcement agencies shall:

(1)Take possession of the sexual assault evidence kit from hospitals and other medical facilities that conduct medical forensic examinations within 3 business days of notification.

(2)Submit new sexual assault evidence kits to the crime laboratory within the department of the state police or the crime laboratory within the Boston police department within 7 business days of taking possession, except that non-investigatory sexual assault evidence kits associated with a victim who has not yet filed a report with law enforcement shall not be subject to the 7 day requirement. Non-investigatory kits shall be safely stored by law enforcement in a manner that preserves evidence for a duration of 50 years or the statute of limitations, whichever is longer.

(b)The crime laboratory within the department of the state police shall test all sexual assault evidence kits within 30 days of receipt from local law enforcement.

(c)In cases where testing results in a DNA profile, the crime laboratory shall enter the full profile into CODIS and the state DNA database.

(d)Each sexual assault evidence kit should be entered into the statewide sexual assault evidence kit tracking system pursuant to section 18X of chapter 6A.

SECTION DD. Notwithstanding any special or general law to the contrary, within 180 days of the enactment of this act, all previously unsubmitted sexual assault evidence kits containing forensic samples collected during a medical forensic exam in medical facilities or other facilities that collect kits, shall be submitted to law enforcement.  Non-investigatory kits shall be safely stored by a governmental entity in a manner that preserves evidence for a duration of 50 years or the statute of limitations, whichever is longer.  Non-investigatory kits shall not be transferred to the crime laboratory.  Within 180 days of enactment, each law enforcement agency shall submit all previously unsubmitted sexual assault evidence kits, including those past the state of limitations, to the crime laboratory within the department of the state police. The crime laboratory within the department of the state police or an accredited private crime laboratory designated by the secretary of public safety and security shall test all previously unsubmitted sexual assault kits within180 days of receipt from local law enforcement. In cases where testing results in a DNA profile, the crime laboratory shall enter the full profile into CODIS and the state DNA database.

SECTION EE. No later than December 1, 2019, the executive office of public safety and security shall ensure that statewide policies and procedures for law enforcement shall be adopted concerning contact with victims and notification concerning sexual assault evidence kits. The policies and procedures shall be evidence-based and survivor-focused and shall require:

A.Each agency to designate at least one person, who is trained in trauma and victim response, to receive all inquiries concerning sexual assault evidence kits and to serve as a liaison between the agency and the victim.

B.Victims of sexual assault be provided with the contact information for the designated liaison(s) at the time that a sexual assault evidence kit is collected.

In advance or at the time of the medical forensic examination or law enforcement interview, medical professionals, victim advocates, law enforcement officers, and district attorneys shall provide victims of sexual assault with a physical document developed by the executive office of public safety and security identifying their rights under law.

Under this section all victims of sexual assault shall have the right to:

C.Consult with a sexual assault victim advocate who has confidentiality and privilege; waiving the right to a victim advocate in one instance does not negate this right. The medical facility, law enforcement officer, and prosecutor shall inform the victim of this right prior to commencement of a medical forensic examination or law enforcement interview, and shall not continue unless such right is knowingly and voluntarily waived.

D.Information, upon request, of the location, testing date and testing results of a kit, whether a DNA sample was obtained from the kit, whether or not there are matches to DNA profiles in state and federal databases and the estimated destruction date for the kit, if applicable, in a manner of communication designated by the victim.

E.Be informed when there is any change in the status of their case, including if the case has been closed or reopening of the case.

F.Designate a person of the victim's choosing to act as a recipient of the information provided under this subsection.

G.Be informed about how to file a report with law enforcement and have their sexual assault evidence kit tested in the future, if the victim chose not to file a report or have the kit tested at the time the kit was collected.

H.Be informed about the right to apply for victim compensation.

SECTION FF. Notwithstanding any general or special law to the contrary, the multidisciplinary task force established by section  AA of this act shall consider available funding opportunities, including, but not limited to the following grant programs: Bureau of Justice Sexual Assault Kit Initiative (SAKI) grant program;  the Sexual Assault Forensic Evidence-Inventory, Tracking and Reporting Program (SAFE-ITR) grant; the DNA Capacity Enhancement and Backlog Reduction (Debbie Smith) grant; the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and the Victims of Crime Act Victim Assistance grant. The multidisciplinary task force shall also investigate opportunities to utilize software from outside jurisdictions, including, but not limited to the Idaho State Police and the city of Portland, Oregon’s free tracking software. “.

Additional co-sponsor(s) added to Amendment #68, as changed to H4011

Rape Kit Backlog