Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: H3/14/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1577 3
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By: Representatives Lundstrum, Bentley, Brooks, K. Brown, Burkes, Cavenaugh, Crawford, D. Garner, 5
Gramlich, L. Johnson, Long, McAlindon, McGrew, Pilkington, R. Scott Richardson, Rye, Unger, Wooten 6
By: Senators C. Penzo, K. Hammer, Irvin 7
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For An Act To Be Entitled 9
AN ACT TO AMEND THE LAW CONCERNING SEXUA L OFFENSES; 10
TO AMEND THE STATUTE OF LIMITATIONS FOR C ERTAIN 11
SEXUAL OFFENSES; TO AMEND THE LAW CONCER NING SEXUAL 12
ASSAULT COLLECTION K ITS AND ANONYMOUS KI TS; TO 13
REQUIRE A STATEWIDE ACCOUNTING OF ALL UN TESTED SEXUAL 14
ASSAULT COLLECTION K ITS AND UNSUBMITTED ANONYMOUS 15
KITS; TO MAKE CONFOR MING CHANGES; AND FO R OTHER 16
PURPOSES. 17
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Subtitle 20
TO AMEND THE LAW CONCERNING SEXUAL 21
OFFENSES, INCLUDING WITHOUT LIMITATION 22
THE APPLICABLE STATUTE OF LIMITATIONS FOR 23
AND THE INVESTIGATION OF CERTAIN SEXUAL 24
OFFENSES. 25
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
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SECTION 1. Arkansas Code § 5 -1-109(a)(1)(D), concerning offenses for 30
which prosecution may be commenced at any time, is amended to read as 31
follows: 32
(D) Rape, § 5-14-103, if the victim was a minor at the 33
time of the offense; 34
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SECTION 2. Arkansas Code § 12 -12-406(a)(3), concerning sexual assault 36 As Engrossed: H3/14/23 HB1577
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collection kits and the submission of sexual assault kits for testing, is 1
amended to read as follows: 2
(3) A sexual assault collection kit or an anonymous kit 3
collected by a licensed healthcare provider shall be taken into custody by a 4
law enforcement agency as soon as possible and within three (3) business days 5
of notice from the licensed healt hcare provider. 6
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SECTION 3. Arkansas Code § 12 -12-406(c) and (d), concerning sexual 8
assault collection kits and the submission of sexual assault kits for 9
testing, are amended to read as follows: 10
(c) A sexual assault collection kit or an anonymous kit shall be 11
submitted to the laboratory by the receiving law enforcement agency using the 12
sexual assault collection kit tracking number as soon as possible, but no 13
later than fifteen (15) days after receipt of the sexual assault collection 14
kit or anonymous kit. 15
(d)(1) A law enforcement agency is not required to submit an anonymous 16
kit to the laboratory if the victim does not affirmatively request 17
submission. If a victim for whom victim information has been entered into a 18
sexual assault collection kit trackin g system chooses to report the sexual 19
assault to the law enforcement agency with jurisdiction, the law enforcement 20
agency with jurisdiction shall submit a request to the laboratory with all 21
known information so that the victim's sexual assault collection k it results 22
can be located at the laboratory and released. 23
(2) If a victim chooses to provide a personal statement about 24
the sexual assault to a law enforcement agency at any time after initially 25
declining to provide a personal statement, the anonymous k it shall be 26
delivered to the laboratory as soon as possible, but no later than fifteen 27
(15) days after the victim chooses to provide a personal statement to the law 28
enforcement agency. A law enforcement agency with jurisdiction shall submit 29
the request required under subdivision (d)(1) of this section to the 30
laboratory as soon as possible, but no later than fifteen (15) days after the 31
victim reports the sexual assault to the law enforcement agency with 32
jurisdiction. 33
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SECTION 4. Arkansas Code § 12 -12-406, concerning sexual assault 35
collection kits and the submission of sexual assault kits for testing, is 36 As Engrossed: H3/14/23 HB1577
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amended to add an additional subsection to read as follows: 1
(g) A law enforcement agency may contract with one (1) or more parties 2
to assist in meeting th e requirement stated in subsection (c) of this 3
section. 4
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SECTION 5. Arkansas Code Title 12, Chapter 12, Subchapter 4, is 6
amended to add an additional section to read as follows: 7
12-12-407. Audit of untested sexual assault collection kits and 8
unsubmitted anonymous kits. 9
(a) As used in this section: 10
(1) “Unsubmitted anonymous kit” means an anonymous kit that has 11
not been taken into custody by a law enforcement agency and submitted to the 12
State Crime Laboratory; and 13
(2) “Untested sexual assault collection kit” means a sexual 14
assault collection kit that has not been submitted to the State Crime 15
Laboratory or a similar qualified laboratory for either a serology or DNA 16
test. 17
(b)(1) The State Crime Laboratory shall de velop a: 18
(A) Sexual assault evidence inventory audit document for a 19
law enforcement agency; and 20
(B) Sexual assault evidence inventory audit document for a 21
licensed healthcare provider. 22
(2)(A) The sexual assault evidence inventory audit document for 23
a law enforcement agency and the sexual assault evidence inventory audit 24
document for a licensed healthcare provider shall be reviewed and updated 25
periodically. 26
(B) The updated sexual assault evidence inventory audit 27
document for a law enforcement agency and the sexual assault evidence 28
inventory audit document for a licensed healthcare provider may be set forth 29
in rules promulgated by the State Crime Laboratory under the Arkansas 30
Administrative Procedure Act, § 25 -15-201 et seq. 31
(c) Before December 31 of each year, a law enforcement agency that 32
maintains, stores, or preserves sexual assault evidence shall conduct an 33
audit of all untested sexual assault collection kits, unsubmitted anonymous 34
kits, and any associated evidence being stored by the la w enforcement agency 35
and report the information to the State Crime Laboratory, using the sexual 36 As Engrossed: H3/14/23 HB1577
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assault evidence inventory audit document for a law enforcement agency. 1
(d) Before December 31 of each year, each licensed healthcare provider 2
charged with performing medical-legal examinations shall conduct an audit of 3
all untested sexual assault collection kits and unsubmitted anonymous kits 4
being stored by the licensed healthcare provider and report the information 5
to the State Crime Laboratory, using the se xual assault evidence inventory 6
audit document for a licensed healthcare provider. 7
(e) The State Crime Laboratory may communicate with a licensed 8
healthcare provider or a law enforcement agency for the purpose of 9
coordinating testing and other appropriat e handling of sexual assault 10
collection kits and anonymous kits. 11
(f) Except as set forth in subsection (g) of this section, information 12
reported to the State Crime Laboratory under this section, as well as 13
information compiled or accumulated by a licens ed healthcare provider or law 14
enforcement agency for the purpose of audits required by this section, is 15
confidential and not subject to discovery under the Arkansas Rules of Civil 16
Procedure or the Freedom of Information Act of 1967, § 25 -19-101 et seq. 17
(g)(1) On or before each February 1, the State Crime Laboratory shall 18
prepare and transmit to the President Pro Tempore of the Senate, the Speaker 19
of the House of Representatives, the Senate Committee on Public Health, 20
Welfare, and Labor, the House Committ ee on Public Health, Welfare, and Labor, 21
and the Attorney General a report containing: 22
(A) A compilation of the data submitted by law enforcement 23
agencies and licensed healthcare providers under this section, with the data 24
reported in the aggregate; a nd 25
(B) A plan to address any backlog of untested sexual 26
assault collection kits and unsubmitted anonymous kits. 27
(2) The report submitted under subdivision (g)(1) of this 28
section shall be presented to the Senate Committee on Public Health, Welfare, 29
and Labor and the House Committee on Public Health, Welfare, and Labor, 30
meeting jointly. 31
(h) This section does not remove confidentiality protection for an 32
alleged victim of a sexual assault or other sex crime otherwise provided 33
under Arkansas or federa l laws, rules, or regulations. 34
(i) A medical-legal examination continues to be subject to § 12 -12-402 35
and other applicable law. 36 As Engrossed: H3/14/23 HB1577
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