SB 154 SEXUAL ASSAULT INVESTIGATIONS

Sen David M Gallegos

Actions: [2] SCC/SHPAC/SJC-SCC

Scheduled: Not Scheduled

 Seante Bill 154 (SB 154) amends the rights of sexual assault survivors, provides time lines for sending sexual assault exam kits to a crime laboratory, requires a law enforcement agency to use the sexual assault examination kit tracking system, and adds time lines for survivor notification when a match in the database is identified. 

 Senate Bill 154 (SB 154) amends the Sexual Assault Survivor’s Bill of Rights in the following ways:

First, it amends how sexual assault exam kits are to be handled. The bill adds that a law enforcement agency’s handling of the kit must be with the survivor’s consent. Then, it provides that a law enforcement agency that receives the kit must send it to a crime laboratory within 30 days of receipt and enter information into the sexual assault examination kit tracking system.  

Second, SB 154 adds a time line for survivor notification when a DNA match in the database is identified. The bill requires a law enforcement agency or a prosecutor to inform the survivor of the match within five days of receiving the notification from the crime laboratory.  However, if disclosing this match within the five day timeframe would interfere with the investigation or prosecution, the agency or prosecutor must continue to make reasonable efforts to notify the survivor of the match and inform an estimation on when the match will be disclosed. 

Third, the bill provides that if the crime laboratory is unable to meet the 180-day deadline for processing a sexual assault examination kit, the lab must enter information into the tracking system to notify the survivor of an estimated date when the processing will be completed.