AK
Alaska Senate Bill SB193

Alaska 2023-2024 Regular Session

Alaska Senate Bill SB193 Compare Versions

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2-SB0193B -1- CSSB 193(STA)
2+SB0193A -1- SB 193
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10-CS FOR SENATE BILL NO. 193(STA)
10+
11+ SENATE BILL NO. 193
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-THIRD LEGISLATURE - SECOND SESSION
1516
16-BY THE SENATE STATE AFFAIRS COMMITTEE
17+BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
1718
18-Offered: 5/1/24
19-Referred: Finance
19+Introduced: 1/18/24
20+Referred: State Affairs, Finance
2021
21-Sponsor(s): SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to sexual assault examination kits; establishing the sexual assault 1
2728 examination kit tracking system; and providing for an effective date." 2
2829 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
29- * Section 1. AS 12.61.010(a) is amended to read: 4
30-(a) Victims of crimes have the following rights: 5
31-(1) the right to be present during any proceeding in 6
32-(A) the prosecution and sentencing of a defendant if the 7
33-defendant has the right to be present, including being present during testimony 8
34-even if the victim is likely to be called as a witness; 9
35-(B) the adjudication of a minor as provided under 10
36-AS 47.12.110; 11
37-(2) the right to be notified by the appropriate law enforcement agency 12
38-or the prosecuting attorney of any request for a continuance that may substantially 13
39-delay the prosecution and of the date of trial, sentencing, including a proceeding 14 33-GS2317\B
40-CSSB 193(STA) -2- SB0193B
30+ * Section 1. AS 44.41.065(a) is amended to read: 4
31+(a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 5
32+assault examination kit is used to gather evidence under AS 18.68.010, [THE
33+6
34+AGENCY SHALL] 7
35+(1) a health care provider that gathers the evidence shall, within 8
36+seven days after using the sexual assault examination kit to gather the evidence, 9
37+notify the appropriate law enforcement agency that the sexual assault 10
38+examination kit is available to be sent to an accredited laboratory in coordination 11
39+with the Department of Public Safety or a laboratory operated by the 12
40+Department of Public Safety; 13
41+(2) a law enforcement agency that is notified by the health care 14 33-GS2317\A
42+SB 193 -2- SB0193A
4143 New Text Underlined [DELETED TEXT BRACKETED]
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43-before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 1
44-the defendant's release from custody is considered; 2
45-(3) the right to be notified that a sentencing hearing or a court 3
46-proceeding to which the victim has been subpoenaed will not occur as scheduled; 4
47-(4) the right to receive protection from harm and threats of harm 5
48-arising out of cooperation with law enforcement and prosecution efforts and to be 6
49-provided with information as to the protection available; 7
50-(5) the right to be notified of the procedure to be followed to apply for 8
51-and receive any compensation under AS 18.67; 9
52-(6) at the request of the prosecution or a law enforcement agency, the 10
53-right to cooperate with the criminal justice process without loss of pay and other 11
54-employee benefits except as authorized by AS 12.61.017 and without interference in 12
55-any form by the employer of the victim of crime; 13
56-(7) the right to obtain access to immediate medical assistance and not 14
57-to be detained for an unreasonable length of time by a law enforcement agency before 15
58-having medical assistance administered; however, an employee of the law 16
59-enforcement agency may, if necessary, accompany the person to a medical facility to 17
60-question the person about the criminal incident if the questioning does not hinder the 18
61-administration of medical assistance; 19
62-(8) the right to make a written or oral statement for use in preparation 20
63-of the presentence report of a felony defendant; 21
64-(9) the right to appear personally at the defendant's sentencing hearing 22
65-to present a written statement and to give sworn testimony or an unsworn oral 23
66-presentation; 24
67-(10) the right to be informed by the prosecuting attorney, at any time 25
68-after the defendant's conviction, about the complete record of the defendant's 26
69-convictions; 27
70-(11) the right to notice under AS 12.47.095 concerning the status of the 28
71-defendant found not guilty by reason of insanity; 29
72-(12) the right to notice under AS 33.16.087 of a hearing concerning 30
73-special medical parole of the defendant; 31 33-GS2317\B
74-SB0193B -3- CSSB 193(STA)
45+provider under (1) of this subsection or that uses a sexual assault examination kit 1
46+to gather the evidence shall 2
47+(A) within 30 days after receiving notification from the 3
48+health care provider or using the sexual assault examination kit to gather 4
49+the evidence [AGENCY COLLECTS THE SEXUAL ASSAULT 5
50+EXAMINATION KIT], send the sexual assault examination kit to an 6
51+accredited laboratory in coordination with the Department of Public Safety or a 7
52+laboratory operated by the Department of Public Safety; and 8
53+(B) [(2) ENSURE THAT THE LABORATORY TO WHICH 9
54+THE SEXUAL ASSAULT EXAMINATION KIT IS SENT UNDER (1) OF 10
55+THIS SUBSECTION CONDUCTS A SEROLOGICAL OR DNA TEST ON 11
56+THE SEXUAL ASSAULT EXAMINATION KIT WITHIN SIX MONTHS 12
57+AFTER THE LABORATORY RECEIVES THE SEXUAL ASSAULT 13
58+EXAMINATION KIT; AND (3)] within two weeks after the laboratory that 14
59+receives the sexual assault examination kit under [(1) OF] this subsection 15
60+completes serological or DNA testing, make a reasonable effort to notify the 16
61+victim from whom the sexual assault examination kit was collected that the 17
62+sexual assault examination kit has been tested; and 18
63+(3) a laboratory to which the sexual assault examination kit is sent 19
64+shall, within six months after the laboratory receives the sexual assault 20
65+examination kit, conduct a serological or DNA test on the sexual assault 21
66+examination kit. 22
67+ * Sec. 2. AS 44.41.065(b) is amended to read: 23
68+(b) A criminal action may not be dismissed nor the evidence deemed 24
69+nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 25
70+(2)] of this section. 26
71+ * Sec. 3. AS 44.41.065(c) is amended to read: 27
72+(c) If a case is resolved before a sexual assault examination kit is tested, a 28
73+health care provider, a law enforcement agency, or a laboratory in possession of 29
74+the sexual assault examination kit is not required to meet the time limits established 30
75+in (a) of this section. 31 33-GS2317\A
76+SB0193A -3- SB 193
7577 New Text Underlined [DELETED TEXT BRACKETED]
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77-(13) the right to notice under AS 33.16.120 of a hearing to consider or 1
78-review discretionary parole of the defendant; 2
79-(14) the right to notice under AS 33.30.013 of the release or escape of 3
80-the defendant; [AND] 4
81-(15) the right to be notified orally and in writing of and receive 5
82-information about the office of victims' rights from the law enforcement officer 6
83-initially investigating the crime and from the prosecuting attorney assigned to the 7
84-offense; at a minimum, the information provided must include the address, telephone 8
85-number, and Internet address of the office of victims' rights; this paragraph 9
86-(A) applies only to victims of felonies and to victims of class A 10
87-misdemeanors if the class A misdemeanor is a crime involving domestic 11
88-violence or a crime against a person under AS 11.41; if the victim is an 12
89-unemancipated minor, the law enforcement officer and the prosecuting 13
90-attorney shall also provide the notice required by this paragraph to the parent 14
91-or guardian of the minor; 15
92-(B) is satisfied if, at the time of initial contact with the crime 16
93-victim, the investigating officer and prosecuting attorney each give each crime 17
94-victim a brochure or other written material prepared by the office of victims' 18
95-rights and provided to law enforcement agencies for that purpose; and 19
96-(16) the right to be notified of the location and testing date of a 20
97-sexual assault examination kit collected from the victim. 21
98- * Sec. 2. AS 44.41.065(a) is amended to read: 22
99-(a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 23
100-assault examination kit is used to gather evidence under AS 18.68.010, [THE 24
101-AGENCY SHALL] 25
102-(1) a health care provider that gathers the evidence shall, within 14 26
103-days after gathering the evidence, notify the appropriate law enforcement agency 27
104-that the sexual assault examination kit is available to be sent to an accredited 28
105-laboratory in coordination with the Department of Public Safety or a laboratory 29
106-operated by the Department of Public Safety; 30
107-(2) a law enforcement agency that gathers the evidence or that is 31 33-GS2317\B
108-CSSB 193(STA) -4- SB0193B
109- New Text Underlined [DELETED TEXT BRACKETED]
110-
111-notified by a health care provider under (1) of this subsection shall, 1
112-(A) within 20 [30] days after gathering the evidence or 2
113-receiving notification from the health care provider [THE AGENCY 3
114-COLLECTS THE SEXUAL ASSAULT EXAMINATION KIT], send the 4
115-sexual assault examination kit to an accredited laboratory in coordination with 5
116-the Department of Public Safety or a laboratory operated by the Department of 6
117-Public Safety; and 7
118-(B) [(2) ENSURE THAT THE LABORATORY TO WHICH 8
119-THE SEXUAL ASSAULT EXAMINATION KIT IS SENT UNDER (1) OF 9
120-THIS SUBSECTION CONDUCTS A SEROLOGICAL OR DNA TEST ON 10
121-THE SEXUAL ASSAULT EXAMINATION KIT WITHIN SIX MONTHS 11
122-AFTER THE LABORATORY RECEIVES THE SEXUAL ASSAULT 12
123-EXAMINATION KIT; AND (3)] within two weeks after the laboratory that 13
124-receives the sexual assault examination kit under [(1) OF] this subsection 14
125-completes serological or DNA testing, make a reasonable effort to notify the 15
126-victim from whom the sexual assault examination kit was collected that the 16
127-sexual assault examination kit has been tested; and 17
128-(3) a laboratory to which the sexual assault examination kit is sent 18
129-under (2) of this subsection shall, within 120 days after receiving the sexual 19
130-assault examination kit, conduct a serological or DNA test on the sexual assault 20
131-examination kit. 21
132- * Sec. 3. AS 44.41.065(b) is amended to read: 22
133-(b) A criminal action may not be dismissed nor the evidence deemed 23
134-nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 24
135-(2)] of this section. 25
136- * Sec. 4. AS 44.41.065(c) is amended to read: 26
137-(c) If a case is resolved before a sexual assault examination kit is tested, a 27
138-health care provider, law enforcement agency, or laboratory in possession of the 28
139-sexual assault examination kit is not required to meet the time limits established in 29
140-(a) of this section. 30
141- * Sec. 5. AS 44.41.065 is amended by adding a new subsection to read: 31 33-GS2317\B
142-SB0193B -5- CSSB 193(STA)
143- New Text Underlined [DELETED TEXT BRACKETED]
144-
145-(e) A health care provider, law enforcement agency, or laboratory in 1
146-possession of a sexual assault examination kit shall enter information specified by the 2
147-Department of Public Safety into the sexual assault examination kit tracking system 3
148-under AS 44.41.067. The information must be entered at the time and in the form and 4
149-manner specified by the Department of Public Safety. 5
150- * Sec. 6. AS 44.41 is amended by adding a new section to read: 6
151-Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 7
152-Department of Public Safety shall develop and operate a sexual assault examination 8
153-kit tracking system to track the status and location of a sexual assault examination kit 9
154-from the point of evidence collection to serological or DNA testing. 10
155-(b) The sexual assault examination kit tracking system must allow the victim 11
156-from whom the sexual assault examination kit was collected to access the tracking 12
157-information associated with the kit and, if the victim chooses, receive automated 13
158-notifications of the status of the kit. 14
159-(c) The sexual assault examination kit tracking system is confidential and is 15
160-not a public record under AS 40.25.110 - 40.25.140, except that the Department of 16
161-Public Safety may include information from the tracking system in the report required 17
162-under AS 44.41.070. 18
163- * Sec. 7. AS 44.41.070(a) is repealed. 19
164- * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 20
165-read: 21
166-TRANSITION: REGULATIONS. The Department of Public Safety may ad opt 22
167-regulations necessary to implement the changes made by this Act. The regulations take effect 23
168-under AS 44.62 (Administrative Procedure Act) but not before the effective date of the law 24
169-implemented by the regulation. 25
170- * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 26
79+ * Sec. 4. AS 44.41.065 is amended by adding a new subsection to read: 1
80+(e) A health care provider, law enforcement agency, or laboratory in 2
81+possession of a sexual assault examination kit shall enter information specified by the 3
82+Department of Public Safety into the sexual assault examination kit tracking system 4
83+under AS 44.41.067. The information must be entered at the time and in the form and 5
84+manner specified by the Department of Public Safety. 6
85+ * Sec. 5. AS 44.41 is amended by adding a new section to read: 7
86+Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 8
87+Department of Public Safety shall develop and operate a sexual assault examination 9
88+kit tracking system to track the status and location of a sexual assault examination kit 10
89+from the point of evidence collection to serological or DNA testing. 11
90+(b) The sexual assault examination kit tracking system must allow the victim 12
91+from whom the sexual assault examination kit was collected to access the tracking 13
92+information associated with the kit and, if the victim chooses, receive automated 14
93+notifications of the status of the kit. 15
94+(c) The sexual assault examination kit tracking system is confidential and is 16
95+not a public record under AS 40.25.110 - 40.25.140, except that the Department of 17
96+Public Safety may include information from the tracking system in the report required 18
97+under AS 44.41.070. 19
98+ * Sec. 6. AS 44.41.070(a) is repealed. 20
99+ * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 21
100+read: 22
101+TRANSITION: REGULATIONS. The Department of Public Safety may proceed to 23
102+adopt regulations necessary to implement the changes made by this Act. The regulations take 24
103+effect under AS 44.62 (Administrative Procedure Act) but not before the effective date of the 25
104+law implemented by the regulations. 26
105+ * Sec. 8. Section 7 of this Act takes effect immediately under AS 01.10.070(c). 27