AR
Arkansas House Bill HB1577

Arkansas 2023 Regular Session

Arkansas House Bill HB1577 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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4-State of Arkansas As Engrossed: H3/14/23 1
4+State of Arkansas 1
55 94th General Assembly A Bill 2
66 Regular Session, 2023 HOUSE BILL 1577 3
77 4
8-By: Representatives Lundstrum, Bentley, Brooks, K. Brown, Burkes, Cavenaugh, Crawford, D. Garner, 5
9-Gramlich, L. Johnson, Long, McAlindon, McGrew, Pilkington, R. Scott Richardson, Rye, Unger, Wooten 6
10-By: Senators C. Penzo, K. Hammer, Irvin 7
11- 8
12-For An Act To Be Entitled 9
13-AN ACT TO AMEND THE LAW CONCERNING SEXUA L OFFENSES; 10
14-TO AMEND THE STATUTE OF LIMITATIONS FOR C ERTAIN 11
15-SEXUAL OFFENSES; TO AMEND THE LAW CONCER NING SEXUAL 12
16-ASSAULT COLLECTION K ITS AND ANONYMOUS KI TS; TO 13
17-REQUIRE A STATEWIDE ACCOUNTING OF ALL UN TESTED SEXUAL 14
18-ASSAULT COLLECTION K ITS AND UNSUBMITTED ANONYMOUS 15
19-KITS; TO MAKE CONFOR MING CHANGES; AND FO R OTHER 16
20-PURPOSES. 17
21- 18
22- 19
23-Subtitle 20
24-TO AMEND THE LAW CONCERNING SEXUAL 21
25-OFFENSES, INCLUDING WITHOUT LIMITATION 22
26-THE APPLICABLE STATUTE OF LIMITATIONS FOR 23
27-AND THE INVESTIGATION OF CERTAIN SEXUAL 24
28-OFFENSES. 25
29- 26
8+By: Representative Lundstrum 5
9+ 6
10+For An Act To Be Entitled 7
11+AN ACT TO AMEND THE LAW CONCERNING SEXUA L OFFENSES; 8
12+TO AMEND THE STATUTE OF LIMITATIONS FOR C ERTAIN 9
13+SEXUAL OFFENSES; TO AMEND THE LAW CONCER NING SEXUAL 10
14+ASSAULT COLLECTION K ITS AND ANONYMOUS KI TS; TO 11
15+REQUIRE A STATEWIDE ACCOUNTING OF ALL UN TESTED SEXUAL 12
16+ASSAULT COLLECTION KITS AND UNSUBMITTED ANON YMOUS 13
17+KITS; TO MAKE CONFOR MING CHANGES; AND FO R OTHER 14
18+PURPOSES. 15
19+ 16
20+ 17
21+Subtitle 18
22+TO AMEND THE LAW CONCERNING SEXUAL 19
23+OFFENSES, INCLUDING WITHOUT LIMITATION 20
24+THE APPLICABLE STATUTE OF LIMITATIONS FOR 21
25+AND THE INVESTIGATION OF CERTAIN SEXUAL 22
26+OFFENSES. 23
27+ 24
28+ 25
29+BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
3030 27
31-BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
32- 29
33- SECTION 1. Arkansas Code § 5 -1-109(a)(1)(D), concerning offenses for 30
34-which prosecution may be commenced at any time, is amended to read as 31
35-follows: 32
36- (D) Rape, § 5-14-103, if the victim was a minor at the 33
37-time of the offense; 34
38- 35
39- SECTION 2. Arkansas Code § 12 -12-406(a)(3), concerning sexual assault 36 As Engrossed: H3/14/23 HB1577
31+ SECTION 1. Arkansas Code § 5 -1-109(a)(1)(D), concerning offenses for 28
32+which prosecution may be commenced at any time, is amended to read as 29
33+follows: 30
34+ (D) Rape, § 5-14-103, if the victim was a minor at the 31
35+time of the offense; 32
36+ 33
37+ SECTION 2. Arkansas Code § 12 -12-406(a)(3), concerning sexual assault 34
38+collection kits and the submission of sexual assault kits for testing, is 35
39+amended to read as follows: 36 HB1577
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44-collection kits and the submission of sexual assault kits for testing, is 1
45-amended to read as follows: 2
46- (3) A sexual assault collection kit or an anonymous kit 3
47-collected by a licensed healthcare provider shall be taken into custody by a 4
48-law enforcement agency as soon as possible and within three (3) business days 5
49-of notice from the licensed healt hcare provider. 6
50- 7
51- SECTION 3. Arkansas Code § 12 -12-406(c) and (d), concerning sexual 8
52-assault collection kits and the submission of sexual assault kits for 9
53-testing, are amended to read as follows: 10
54- (c) A sexual assault collection kit or an anonymous kit shall be 11
55-submitted to the laboratory by the receiving law enforcement agency using the 12
56-sexual assault collection kit tracking number as soon as possible, but no 13
57-later than fifteen (15) days after receipt of the sexual assault collection 14
58-kit or anonymous kit. 15
59- (d)(1) A law enforcement agency is not required to submit an anonymous 16
60-kit to the laboratory if the victim does not affirmatively request 17
61-submission. If a victim for whom victim information has been entered into a 18
62-sexual assault collection kit trackin g system chooses to report the sexual 19
63-assault to the law enforcement agency with jurisdiction, the law enforcement 20
64-agency with jurisdiction shall submit a request to the laboratory with all 21
65-known information so that the victim's sexual assault collection k it results 22
66-can be located at the laboratory and released. 23
67- (2) If a victim chooses to provide a personal statement about 24
68-the sexual assault to a law enforcement agency at any time after initially 25
69-declining to provide a personal statement, the anonymous k it shall be 26
70-delivered to the laboratory as soon as possible, but no later than fifteen 27
71-(15) days after the victim chooses to provide a personal statement to the law 28
72-enforcement agency. A law enforcement agency with jurisdiction shall submit 29
73-the request required under subdivision (d)(1) of this section to the 30
74-laboratory as soon as possible, but no later than fifteen (15) days after the 31
75-victim reports the sexual assault to the law enforcement agency with 32
76-jurisdiction. 33
77- 34
78- SECTION 4. Arkansas Code § 12 -12-406, concerning sexual assault 35
79-collection kits and the submission of sexual assault kits for testing, is 36 As Engrossed: H3/14/23 HB1577
44+ (3) A sexual assault collection kit or an anonymous kit 1
45+collected by a licensed healthcare provider shall be taken into custody by a 2
46+law enforcement agency as soon as possible and within three (3) business days 3
47+of notice from the licensed healthcare provider. 4
48+ 5
49+ SECTION 3. Arkansas Code § 12 -12-406(c) and (d), concerning sexual 6
50+assault collection kits and the submission of sexual assault kits for 7
51+testing, are amended to read as follows: 8
52+ (c) A sexual assault collection kit or an anonymous kit shall be 9
53+submitted to the laboratory by the receiving law enforcement agency using the 10
54+sexual assault collection kit tracking number as soon as possible, but no 11
55+later than fifteen (15) days after receipt of the sexual assault collection 12
56+kit or anonymous kit. 13
57+ (d)(1) A law enforcement agency is not required to submit an anonymous 14
58+kit to the laboratory if the victim does not affirmatively request 15
59+submission. If a victim for whom victim information has been entered into a 16
60+sexual assault collection kit tracking system chooses to report the sexual 17
61+assault to the law enforcement agency with jurisdiction, the law enforcement 18
62+agency with jurisdiction shall submit a request to the laboratory with all 19
63+known information so that the victim's sexual assault collection kit results 20
64+can be located at the laboratory and released. 21
65+ (2) If a victim chooses to provide a personal statement about 22
66+the sexual assault to a law enforcement agency at any time after initially 23
67+declining to provide a personal statement, the anonymous kit shall be 24
68+delivered to the laboratory as soon as possible, but no later than fifteen 25
69+(15) days after the victim chooses to provide a personal statement to the law 26
70+enforcement agency. A law enforcement agency with jurisdiction shall submit 27
71+the request required under subd ivision (d)(1) of this section to the 28
72+laboratory as soon as possible, but no later than fifteen (15) days after the 29
73+victim reports the sexual assault to the law enforcement agency with 30
74+jurisdiction. 31
75+ 32
76+ SECTION 4. Arkansas Code § 12 -12-406, concerning sexua l assault 33
77+collection kits and the submission of sexual assault kits for testing, is 34
78+amended to add an additional subsection to read as follows: 35
79+ (g) A law enforcement agency may contract with one (1) or more parties 36 HB1577
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84-amended to add an additional subsection to read as follows: 1
85- (g) A law enforcement agency may contract with one (1) or more parties 2
86-to assist in meeting th e requirement stated in subsection (c) of this 3
87-section. 4
88- 5
89- SECTION 5. Arkansas Code Title 12, Chapter 12, Subchapter 4, is 6
90-amended to add an additional section to read as follows: 7
91- 12-12-407. Audit of untested sexual assault collection kits and 8
92-unsubmitted anonymous kits. 9
93- (a) As used in this section: 10
94- (1) “Unsubmitted anonymous kit” means an anonymous kit that has 11
95-not been taken into custody by a law enforcement agency and submitted to the 12
96-State Crime Laboratory; and 13
97- (2) “Untested sexual assault collection kit” means a sexual 14
98-assault collection kit that has not been submitted to the State Crime 15
99-Laboratory or a similar qualified laboratory for either a serology or DNA 16
100-test. 17
101- (b)(1) The State Crime Laboratory shall de velop a: 18
102- (A) Sexual assault evidence inventory audit document for a 19
103-law enforcement agency; and 20
104- (B) Sexual assault evidence inventory audit document for a 21
105-licensed healthcare provider. 22
106- (2)(A) The sexual assault evidence inventory audit document for 23
107-a law enforcement agency and the sexual assault evidence inventory audit 24
108-document for a licensed healthcare provider shall be reviewed and updated 25
109-periodically. 26
110- (B) The updated sexual assault evidence inventory audit 27
111-document for a law enforcement agency and the sexual assault evidence 28
112-inventory audit document for a licensed healthcare provider may be set forth 29
113-in rules promulgated by the State Crime Laboratory under the Arkansas 30
114-Administrative Procedure Act, § 25 -15-201 et seq. 31
115- (c) Before December 31 of each year, a law enforcement agency that 32
116-maintains, stores, or preserves sexual assault evidence shall conduct an 33
117-audit of all untested sexual assault collection kits, unsubmitted anonymous 34
118-kits, and any associated evidence being stored by the la w enforcement agency 35
119-and report the information to the State Crime Laboratory, using the sexual 36 As Engrossed: H3/14/23 HB1577
84+to assist in meeting the requirement st ated in subsection (c) of this 1
85+section. 2
86+ 3
87+ SECTION 5. Arkansas Code Title 12, Chapter 12, Subchapter 4, is 4
88+amended to add an additional section to read as follows: 5
89+ 12-12-407. Audit of untested sexual assault collection kits and 6
90+unsubmitted anonymous kits. 7
91+ (a) As used in this section: 8
92+ (1) “Unsubmitted anonymous kit” means an anonymous kit that has 9
93+not been taken into custody by a law enforcement agency and submitted to the 10
94+State Crime Laboratory; and 11
95+ (2) “Untested sexual assault collection kit” means a sexual 12
96+assault collection kit that has not been submitted to the State Crime 13
97+Laboratory or a similar qualified laboratory for either a serology or DNA 14
98+test. 15
99+ (b)(1) The State Crime Laboratory shall develop a: 16
100+ (A) Sexual assault evidence inventory audit document for a 17
101+law enforcement agency; and 18
102+ (B) Sexual assault evidence inventory audit document for a 19
103+licensed healthcare provider. 20
104+ (2)(A) The sexual assault evidence inventory audit document for 21
105+a law enforcement agency and the sexu al assault evidence inventory audit 22
106+document for a licensed healthcare provider shall be reviewed and updated 23
107+periodically. 24
108+ (B) The updated sexual assault evidence inventory audit 25
109+document for a law enforcement agency and the sexual assault evidence 26
110+inventory audit document for a licensed healthcare provider may be set forth 27
111+in rules promulgated by the State Crime Laboratory under the Arkansas 28
112+Administrative Procedure Act, § 25 -15-201 et seq. 29
113+ (c) Before December 31 of each year, a law enforcement ag ency that 30
114+maintains, stores, or preserves sexual assault evidence shall conduct an 31
115+audit of all untested sexual assault collection kits, unsubmitted anonymous 32
116+kits, and any associated evidence being stored by the law enforcement agency 33
117+and report the infor mation to the State Crime Laboratory, using the sexual 34
118+assault evidence inventory audit document for a law enforcement agency. 35
119+ (d) Before December 31 of each year, each licensed healthcare provider 36 HB1577
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124-assault evidence inventory audit document for a law enforcement agency. 1
125- (d) Before December 31 of each year, each licensed healthcare provider 2
126-charged with performing medical-legal examinations shall conduct an audit of 3
127-all untested sexual assault collection kits and unsubmitted anonymous kits 4
128-being stored by the licensed healthcare provider and report the information 5
129-to the State Crime Laboratory, using the se xual assault evidence inventory 6
130-audit document for a licensed healthcare provider. 7
131- (e) The State Crime Laboratory may communicate with a licensed 8
132-healthcare provider or a law enforcement agency for the purpose of 9
133-coordinating testing and other appropriat e handling of sexual assault 10
134-collection kits and anonymous kits. 11
135- (f) Except as set forth in subsection (g) of this section, information 12
136-reported to the State Crime Laboratory under this section, as well as 13
137-information compiled or accumulated by a licens ed healthcare provider or law 14
138-enforcement agency for the purpose of audits required by this section, is 15
139-confidential and not subject to discovery under the Arkansas Rules of Civil 16
140-Procedure or the Freedom of Information Act of 1967, § 25 -19-101 et seq. 17
141- (g)(1) On or before each February 1, the State Crime Laboratory shall 18
142-prepare and transmit to the President Pro Tempore of the Senate, the Speaker 19
143-of the House of Representatives, the Senate Committee on Public Health, 20
144-Welfare, and Labor, the House Committ ee on Public Health, Welfare, and Labor, 21
145-and the Attorney General a report containing: 22
146- (A) A compilation of the data submitted by law enforcement 23
147-agencies and licensed healthcare providers under this section, with the data 24
148-reported in the aggregate; a nd 25
149- (B) A plan to address any backlog of untested sexual 26
150-assault collection kits and unsubmitted anonymous kits. 27
151- (2) The report submitted under subdivision (g)(1) of this 28
152-section shall be presented to the Senate Committee on Public Health, Welfare, 29
153-and Labor and the House Committee on Public Health, Welfare, and Labor, 30
154-meeting jointly. 31
155- (h) This section does not remove confidentiality protection for an 32
156-alleged victim of a sexual assault or other sex crime otherwise provided 33
157-under Arkansas or federa l laws, rules, or regulations. 34
158- (i) A medical-legal examination continues to be subject to § 12 -12-402 35
159-and other applicable law. 36 As Engrossed: H3/14/23 HB1577
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124+charged with performing medical -legal examinations shall conduct an audit of 1
125+all untested sexual assault collection kits and unsubmitted anonymous kits 2
126+being stored by the licensed healthcare provider and report the information 3
127+to the State Crime Laboratory, using the sexual assault evidence inventory 4
128+audit document for a licensed healthcare provider. 5
129+ (e) The State Crime Laboratory may communicate with a licensed 6
130+healthcare provider or a law enforcement agency for the purpose of 7
131+coordinating testing and other appropriate handling of sexual assault 8
132+collection kits and anonymous kits. 9
133+ (f) Except as set forth in subsection (g) of this section, information 10
134+reported to the State Crime Laboratory under this section, as well as 11
135+information compiled or accumulated by a licensed healthcare provider or law 12
136+enforcement agency for the purpose of audits required by this section, is 13
137+confidential and not subject to discovery under the Arkansas Rules of Civil 14
138+Procedure or the Freedom of Information Act of 1967, § 25 -19-101 et seq. 15
139+ (g)(1) On or before each February 1, the State Crime Laboratory shall 16
140+prepare and transmit to the President Pro Tempore of the Senate, the Speaker 17
141+of the House of Representatives, the Senate Committee on Public Health, 18
142+Welfare, and Labor, the House Committee on Public Health, Welfare, and Labor, 19
143+and the Attorney General a report containing: 20
144+ (A) A compilation of the data submitted by law enforcement 21
145+agencies and licensed healthcare providers under this section, with the data 22
146+reported in the aggregate; and 23
147+ (B) A plan to address any backlog of untested sexual 24
148+assault collection kits and unsubmitted anonymous kits. 25
149+ (2) The report submitted under subdivision (g)(1) of this 26
150+section shall be presented to the Senate Committee on Public Health, Welfare, 27
151+and Labor and the House Committee on Pub lic Health, Welfare, and Labor, 28
152+meeting jointly. 29
153+ (h) This section does not remove confidentiality protection for an 30
154+alleged victim of a sexual assault or other sex crime otherwise provided 31
155+under Arkansas or federal laws, rules, or regulations. 32
156+ (i) A medical-legal examination continues to be subject to § 12 -12-402 33
157+and other applicable law. 34
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