HB0275b -1- CSHB 275(HSS)
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CS FOR HOUSE BILL NO. 275(HSS)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE HOUSE HEALTH AND SOCIAL SERVICES COMMITTEE
Offered: 3/21/24
Referred: Finance
Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
A BILL
FOR AN ACT ENTITLED
"An Act relating to sexual assault examination kits; establishing the sexual assault 1
examination kit tracking system; and providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 12.61.010(a) is amended to read: 4
(a) Victims of crimes have the following rights: 5
(1) the right to be present during any proceeding in 6
(A) the prosecution and sentencing of a defendant if the 7
defendant has the right to be present, including being present during testimony 8
even if the victim is likely to be called as a witness; 9
(B) the adjudication of a minor as provided under 10
AS 47.12.110; 11
(2) the right to be notified by the appropriate law enforcement agency 12
or the prosecuting attorney of any request for a continuance that may substantially 13
delay the prosecution and of the date of trial, sentencing, including a proceeding 14 33-GH2317\B
CSHB 275(HSS) -2- HB0275b
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before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 1
the defendant's release from custody is considered; 2
(3) the right to be notified that a sentencing hearing or a court 3
proceeding to which the victim has been subpoenaed will not occur as scheduled; 4
(4) the right to receive protection from harm and threats of harm 5
arising out of cooperation with law enforcement and prosecution efforts and to be 6
provided with information as to the protection available; 7
(5) the right to be notified of the procedure to be followed to apply for 8
and receive any compensation under AS 18.67; 9
(6) at the request of the prosecution or a law enforcement agency, the 10
right to cooperate with the criminal justice process without loss of pay and other 11
employee benefits except as authorized by AS 12.61.017 and without interference in 12
any form by the employer of the victim of crime; 13
(7) the right to obtain access to immediate medical assistance and not 14
to be detained for an unreasonable length of time by a law enforcement agency before 15
having medical assistance administered; however, an employee of the law 16
enforcement agency may, if necessary, accompany the person to a medical facility to 17
question the person about the criminal incident if the questioning does not hinder the 18
administration of medical assistance; 19
(8) the right to make a written or oral statement for use in preparation 20
of the presentence report of a felony defendant; 21
(9) the right to appear personally at the defendant's sentencing hearing 22
to present a written statement and to give sworn testimony or an unsworn oral 23
presentation; 24
(10) the right to be informed by the prosecuting attorney, at any time 25
after the defendant's conviction, about the complete record of the defendant's 26
convictions; 27
(11) the right to notice under AS 12.47.095 concerning the status of the 28
defendant found not guilty by reason of insanity; 29
(12) the right to notice under AS 33.16.087 of a hearing concerning 30
special medical parole of the defendant; 31 33-GH2317\B
HB0275b -3- CSHB 275(HSS)
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(13) the right to notice under AS 33.16.120 of a hearing to consider or 1
review discretionary parole of the defendant; 2
(14) the right to notice under AS 33.30.013 of the release or escape of 3
the defendant; [AND] 4
(15) the right to be notified orally and in writing of and receive 5
information about the office of victims' rights from the law enforcement officer 6
initially investigating the crime and from the prosecuting attorney assigned to the 7
offense; at a minimum, the information provided must include the address, telephone 8
number, and Internet address of the office of victims' rights; this paragraph 9
(A) applies only to victims of felonies and to victims of class A 10
misdemeanors if the class A misdemeanor is a crime involving domestic 11
violence or a crime against a person under AS 11.41; if the victim is an 12
unemancipated minor, the law enforcement officer and the prosecuting 13
attorney shall also provide the notice required by this paragraph to the parent 14
or guardian of the minor; 15
(B) is satisfied if, at the time of initial contact with the crime 16
victim, the investigating officer and prosecuting attorney each give each crime 17
victim a brochure or other written material prepared by the office of victims' 18
rights and provided to law enforcement agencies for that purpose; and 19
(16) the right to be notified of the location and testing date of a 20
sexual assault examination kit collected from the victim. 21
* Sec. 2. AS 44.41.065(a) is amended to read: 22
(a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 23
assault examination kit is used to gather evidence under AS 18.68.010, [THE 24
AGENCY SHALL] 25
(1) a health care provider that gathers the evidence shall, within 26
seven days after using the sexual assault examination kit to gather the evidence, 27
notify the appropriate law enforcement agency that the sexual assault 28
examination kit is available to be sent to an accredited laboratory in coordination 29
with the Department of Public Safety or a laboratory operated by the 30
Department of Public Safety; 31 33-GH2317\B
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(2) a law enforcement agency that is notified by the health care 1
provider under (1) of this subsection or that uses a sexual assault examination kit 2
to gather the evidence shall 3
(A) within 20 [30] days after receiving notification from the 4
health care provider or using the sexual assault examination kit to gather 5
the evidence [THE AGENCY COLLECTS THE SEXUAL ASSAULT 6
EXAMINATION KIT], send the sexual assault examination kit to an 7
accredited laboratory in coordination with the Department of Public Safety or a 8
laboratory operated by the Department of Public Safety; and 9
(B) [(2) ENSURE THAT THE LABORATORY TO WHICH 10
THE SEXUAL ASSAULT EXAMINATION KIT IS SENT UNDER (1) OF 11
THIS SUBSECTION CONDUCTS A SEROLOGICAL OR DNA TEST ON 12
THE SEXUAL ASSAULT EXAMINATION KIT WITHIN SIX MONTHS 13
AFTER THE LABORATORY RECEIVES THE SEXUAL ASSAULT 14
EXAMINATION KIT; AND 15
(3)] within two weeks after the laboratory that receives the sexual 16
assault examination kit under [(1) OF] this subsection completes serological or DNA 17
testing, make a reasonable effort to notify the victim from whom the sexual assault 18
examination kit was collected that the sexual assault examination kit has been tested; 19
and 20
(3) a laboratory to which the sexual assault examination kit is sent 21
shall, within 120 days after the laboratory receives the sexual assault examination 22
kit, conduct a serological or DNA test on the sexual assault examination kit. 23
* Sec. 3. AS 44.41.065(b) is amended to read: 24
(b) A criminal action may not be dismissed nor the evidence deemed 25
nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 26
(2)] of this section. 27
* Sec. 4. AS 44.41.065(c) is amended to read: 28
(c) If a case is resolved before a sexual assault examination kit is tested, a 29
health care provider, law enforcement agency, or laboratory in possession of the 30
sexual assault examination kit is not required to meet the time limits established in 31 33-GH2317\B
HB0275b -5- CSHB 275(HSS)
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(a) of this section. 1
* Sec. 5. AS 44.41.065 is amended by adding a new subsection to read: 2
(e) A health care provider, law enforcement agency, or laboratory in 3
possession of a sexual assault examination kit shall enter information specified by the 4
Department of Public Safety into the sexual assault examination kit tracking system 5
under AS 44.41.067. The information must be entered at the time and in the form and 6
manner specified by the Department of Public Safety. 7
* Sec. 6. AS 44.41 is amended by adding a new section to read: 8
Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 9
Department of Public Safety shall develop and operate a sexual assault examination 10
kit tracking system to track the status and location of a sexual assault examination kit 11
from the point of evidence collection to serological or DNA testing. 12
(b) The sexual assault examination kit tracking system must allow the victim 13
from whom the sexual assault examination kit was collected to access the tracking 14
information associated with the kit and, if the victim chooses, receive automated 15
notifications of the status of the kit. 16
(c) The sexual assault examination kit tracking system is confidential and is 17
not a public record under AS 40.25.110 - 40.25.140, except that the Department of 18
Public Safety may include information from the tracking system in the report required 19
under AS 44.41.070. 20
* Sec. 7. AS 44.41.070(a) is repealed. 21
* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 22
read: 23
TRANSITION: REGULATIONS. The Department of Public Safety may ad opt 24
regulations necessary to implement the changes made by this Act. The regulations take effect 25
under AS 44.62 (Administrative Procedure Act) but not before the effective date of the law 26
implemented by the regulation. 27
* Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 28