Stricken language would be deleted from and underlined language would be added to present law.
Act 558 of the Regular Session
*JLL348* 03/30/2023 9:12:57 PM JLL348
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1829 3
4
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
8
For An Act To Be Entitled 9
AN ACT TO AMEND THE LAW CONCER NING SEXUAL ASSAULT 10
COLLECTION KITS AND ANONYMOUS KITS; TO R EQUIRE A 11
STATEWIDE ACCOUNTING OF ALL UNTESTED SEXU AL ASSAULT 12
COLLECTION KITS AND UNSUBMITTED ANONYMOU S KITS; TO 13
MAKE CONFORMING CHAN GES; AND FOR OTHER P URPOSES. 14
15
16
Subtitle 17
TO AMEND THE LAW CONCERNING SEXUAL 18
ASSAULT COLLECTION KITS AND ANONYMOUS 19
KITS; AND TO REQUIRE A STATEWIDE 20
ACCOUNTING OF ALL UNTESTED SEXUAL ASSAULT 21
COLLECTION KITS AND UNSUBMITTED ANONYMOUS 22
KITS. 23
24
25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
27
SECTION 1. Arkansas Code § 12 -12-406(a)(3), concerning sexual assault 28
collection kits and the submission of sexual assault kits for testing, is 29
amended to read as follows: 30
(3) A sexual assault collection kit or an anonymous kit 31
collected by a licensed healthcare provider shall be taken into custody by a 32
law enforcement agency as soon as possible and within three (3) business days 33
of notice from the licensed healthcare provider. 34
35
SECTION 2. Arkansas Code § 12 -12-406(c) and (d), concerning sexual 36 HB1829
2 03/30/2023 9:12:57 PM JLL348
assault collection kits and the submission of sexual assault kits for 1
testing, are amended to read as follows: 2
(c) A sexual assault collection kit or an anonymous kit shall be 3
submitted to the laboratory by the receiving law enforcement agency using the 4
sexual assault collection kit tracking number as soon as possible, but no 5
later than fifteen (15) days after receipt of the sexual assault collection 6
kit or anonymous kit. 7
(d)(1) A law enforcement agency is not required to submit an anonymous 8
kit to the laboratory if the victim does not affirmatively request 9
submission. If a victim for whom victim information has been entered into a 10
sexual assault collection kit tracking system chooses to report the sexual 11
assault to the law enforcement agency with jurisdiction, the law enforcement 12
agency with jurisdiction shall submit a request to the laboratory with all 13
known information so that the victim's sexual assault collection kit results 14
can be located at the laboratory and released. 15
(2) If a victim chooses to provide a personal statement about 16
the sexual assault to a law enforcement agency at any time after initially 17
declining to provide a personal statement, the anonymous kit shall be 18
delivered to the laboratory as soon as possible, but no later th an fifteen 19
(15) days after the victim chooses to provide a personal statement to the law 20
enforcement agency. A law enforcement agency with jurisdiction shall submit 21
the request required under subdivision (d)(1) of this section to the 22
laboratory as soon as possible, but no later than fifteen (15) days after the 23
victim reports the sexual assault to the law enforcement agency with 24
jurisdiction. 25
26
SECTION 3. Arkansas Code § 12 -12-406, concerning sexual assault 27
collection kits and the submission of sexual assau lt kits for testing, is 28
amended to add an additional subsection to read as follows: 29
(g) A law enforcement agency may contract with one (1) or more parties 30
to assist in meeting the requirement stated in subsection (c) of this 31
section. 32
33
SECTION 4. Arkansas Code Title 12, Chapter 12, Subchapter 4, is 34
amended to add an additional section to read as follows: 35
12-12-407. Audit of untested sexual assault collection kits and 36 HB1829
3 03/30/2023 9:12:57 PM JLL348
unsubmitted anonymous kits. 1
(a) As used in this section: 2
(1) “Unsubmitted anonymo us kit” means an anonymous kit that has 3
not been taken into custody by a law enforcement agency and submitted to the 4
State Crime Laboratory; and 5
(2) “Untested sexual assault collection kit” means a sexual 6
assault collection kit that has not been submitt ed to the State Crime 7
Laboratory or a similar qualified laboratory for either a serology or DNA 8
test. 9
(b)(1) The State Crime Laboratory shall develop a: 10
(A) Sexual assault evidence inventory audit document for a 11
law enforcement agency; and 12
(B) Sexual assault evidence inventory audit document for a 13
licensed healthcare provider. 14
(2)(A) The sexual assault evidence inventory audit document for 15
a law enforcement agency and the sexual assault evidence inventory audit 16
document for a licensed healthca re provider shall be reviewed and updated 17
periodically. 18
(B) The updated sexual assault evidence inventory audit 19
document for a law enforcement agency and the sexual assault evidence 20
inventory audit document for a licensed healthcare provider may be se t forth 21
in rules promulgated by the State Crime Laboratory under the Arkansas 22
Administrative Procedure Act, § 25 -15-201 et seq. 23
(c) Before December 31 of each year, a law enforcement agency that 24
maintains, stores, or preserves sexual assault evidence sh all conduct an 25
audit of all untested sexual assault collection kits, unsubmitted anonymous 26
kits, and any associated evidence being stored by the law enforcement agency 27
and report the information to the State Crime Laboratory, using the sexual 28
assault evidence inventory audit document for a law enforcement agency. 29
(d) Before December 31 of each year, each licensed healthcare provider 30
charged with performing medical -legal examinations shall conduct an audit of 31
all untested sexual assault collection kits and unsubmitted anonymous kits 32
being stored by the licensed healthcare provider and report the information 33
to the State Crime Laboratory, using the sexual assault evidence inventory 34
audit document for a licensed healthcare provider. 35
(e) The State Crime Laboratory may communicate with a licensed 36 HB1829
4 03/30/2023 9:12:57 PM JLL348
healthcare provider or a law enforcement agency for the purpose of 1
coordinating testing and other appropriate handling of sexual assault 2
collection kits and anonymous kits. 3
(f) Except as set forth in subsection (g) of this section, information 4
reported to the State Crime Laboratory under this section, as well as 5
information compiled or accumulated by a licensed healthcare provider or law 6
enforcement agency for the purpose of audits required by this section, is 7
confidential and not subject to discovery under the Arkansas Rules of Civil 8
Procedure or the Freedom of Information Act of 1967, § 25 -19-101 et seq. 9
(g)(1) On or before each February 1, the State Crime Laboratory shall 10
prepare and transmit to the President Pro Tempore of the Senate, the Speaker 11
of the House of Representatives, the Senate Committee on Public Health, 12
Welfare, and Labor, the House Committee on Public Health, Welfare, and Labor, 13
and the Attorney General a report containin g: 14
(A) A compilation of the data submitted by law enforcement 15
agencies and licensed healthcare providers under this section, with the data 16
reported in the aggregate; and 17
(B) A plan to address any backlog of untested sexual 18
assault collection kits and unsubmitted anonymous kits. 19
(2) The report submitted under subdivision (g)(1) of this 20
section shall be presented to the Senate Committee on Public Health, Welfare, 21
and Labor and the House Committee on Public Health, Welfare, and Labor, 22
meeting jointly. 23
(h) This section does not remove confidentiality protection for an 24
alleged victim of a sexual assault or other sex crime otherwise provided 25
under Arkansas or federal laws, rules, or regulations. 26
(i) A medical-legal examination continues to be su bject to § 12-12-402 27
and other applicable law. 28
29
30
APPROVED: 4/11/23 31
32
33
34
35
36