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SENATE BILL NO. 193
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
Introduced: 1/18/24
Referred: State Affairs, Finance
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 44.41.065(a) is amended to read: 4
(a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 5
assault examination kit is used to gather evidence under AS 18.68.010, [THE
6
AGENCY SHALL] 7
(1) a health care provider that gathers the evidence shall, within 8
seven days after using the sexual assault examination kit to gather the evidence, 9
notify the appropriate law enforcement agency that the sexual assault 10
examination kit is available to be sent to an accredited laboratory in coordination 11
with the Department of Public Safety or a laboratory operated by the 12
Department of Public Safety; 13
(2) a law enforcement agency that is notified by the health care 14 33-GS2317\A
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provider under (1) of this subsection or that uses a sexual assault examination kit 1
to gather the evidence shall 2
(A) within 30 days after receiving notification from the 3
health care provider or using the sexual assault examination kit to gather 4
the evidence [AGENCY COLLECTS THE SEXUAL ASSAULT 5
EXAMINATION KIT], send the sexual assault examination kit to an 6
accredited laboratory in coordination with the Department of Public Safety or a 7
laboratory operated by the Department of Public Safety; and 8
(B) [(2) ENSURE THAT THE LABORATORY TO WHICH 9
THE SEXUAL ASSAULT EXAMINATION KIT IS SENT UNDER (1) OF 10
THIS SUBSECTION CONDUCTS A SEROLOGICAL OR DNA TEST ON 11
THE SEXUAL ASSAULT EXAMINATION KIT WITHIN SIX MONTHS 12
AFTER THE LABORATORY RECEIVES THE SEXUAL ASSAULT 13
EXAMINATION KIT; AND (3)] within two weeks after the laboratory that 14
receives the sexual assault examination kit under [(1) OF] this subsection 15
completes serological or DNA testing, make a reasonable effort to notify the 16
victim from whom the sexual assault examination kit was collected that the 17
sexual assault examination kit has been tested; and 18
(3) a laboratory to which the sexual assault examination kit is sent 19
shall, within six months after the laboratory receives the sexual assault 20
examination kit, conduct a serological or DNA test on the sexual assault 21
examination kit. 22
* Sec. 2. AS 44.41.065(b) is amended to read: 23
(b) A criminal action may not be dismissed nor the evidence deemed 24
nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 25
(2)] of this section. 26
* Sec. 3. AS 44.41.065(c) is amended to read: 27
(c) If a case is resolved before a sexual assault examination kit is tested, a 28
health care provider, a law enforcement agency, or a laboratory in possession of 29
the sexual assault examination kit is not required to meet the time limits established 30
in (a) of this section. 31 33-GS2317\A
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* Sec. 4. AS 44.41.065 is amended by adding a new subsection to read: 1
(e) A health care provider, law enforcement agency, or laboratory in 2
possession of a sexual assault examination kit shall enter information specified by the 3
Department of Public Safety into the sexual assault examination kit tracking system 4
under AS 44.41.067. The information must be entered at the time and in the form and 5
manner specified by the Department of Public Safety. 6
* Sec. 5. AS 44.41 is amended by adding a new section to read: 7
Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 8
Department of Public Safety shall develop and operate a sexual assault examination 9
kit tracking system to track the status and location of a sexual assault examination kit 10
from the point of evidence collection to serological or DNA testing. 11
(b) The sexual assault examination kit tracking system must allow the victim 12
from whom the sexual assault examination kit was collected to access the tracking 13
information associated with the kit and, if the victim chooses, receive automated 14
notifications of the status of the kit. 15
(c) The sexual assault examination kit tracking system is confidential and is 16
not a public record under AS 40.25.110 - 40.25.140, except that the Department of 17
Public Safety may include information from the tracking system in the report required 18
under AS 44.41.070. 19
* Sec. 6. AS 44.41.070(a) is repealed. 20
* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 21
read: 22
TRANSITION: REGULATIONS. The Department of Public Safety may proceed to 23
adopt regulations necessary to implement the changes made by this Act. The regulations take 24
effect under AS 44.62 (Administrative Procedure Act) but not before the effective date of the 25
law implemented by the regulations. 26
* Sec. 8. Section 7 of this Act takes effect immediately under AS 01.10.070(c). 27