Budget Amendment ID: FY2022-S3-595-R4

4th Redraft EPS 595

Untested Sexual Assault Evidence Kits

Messrs. Moore, Tarr and O'Connor, Ms. Moran and Mr. Montigny moved that the proposed new text be amended by inserting after section 36 the following section:-

"SECTION 36A. Section 2A of chapter 5 of the acts of 2019 is hereby amended by striking out item 8100-1014, as amended by section 40 of chapter 142 of the acts of 2019, and inserting in place thereof the following item:-

8100-1014 For costs associated with the collection and testing of all previously untested investigatory sexual assault evidence kits by the crime laboratory within the department of state police; provided, that police departments shall send previously untested investigatory sexual assault evidence kits to an accredited private laboratory designated by the secretary of public safety and security; provided further, that the testing of the sexual evidence kit shall not exhaust the sample or be in violation of section 8 of chapter 278A of the General Laws; provided further, that for the purposes of this item, “previously untested investigatory sexual assault evidence kits” shall mean any sexual assault evidence kit, or additional evidence collected contemporaneously with such kit, prior to April 13, 2018 that has not been subjected to a forensic DNA analysis intended to develop an autosomal DNA profile that is eligible for entry into CODIS, as defined in section 1 of chapter 22E of the General Laws, and the state DNA databases; and provided further, that any unexpended funds in this item shall not revert to the General Fund but shall be made available for the purpose of this item until June 30, 2022…...........$8,000,000"; and by inserting after section 61 the following section:-

“SECTION 61A. All previously untested investigatory sexual assault evidence kits provided for under item 8100-1014 of section 2A of chapter 5 of the acts of 2019 shall be sent for testing not later than 18 months from the effective date of this act.”.