Arkansas 2023 Regular Session

Arkansas House Bill HB1829 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 558 of the Regular Session
3	2		JLL348 03/30/2023 9:12:57 PM JLL348
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1829 3
8	7		4
9	8		By: Representatives Lundstrum, Bentley, Brooks, K. Brown, Burkes, Cavenaugh, Crawford, D. Garner, 5
10	9		Gramlich, L. Johnson, Long, McAlindon, McGrew, Pilkington, R. Scott Richardson, Rye, Unger, Wooten 6
11	10		By: Senators C. Penzo, K. Hammer, Irvin 7
12	11		8
13	12		For An Act To Be Entitled 9
14	13		AN ACT TO AMEND THE LAW CONCER NING SEXUAL ASSAULT 10
15	14		COLLECTION KITS AND ANONYMOUS KITS; TO R EQUIRE A 11
16	15		STATEWIDE ACCOUNTING OF ALL UNTESTED SEXU AL ASSAULT 12
17	16		COLLECTION KITS AND UNSUBMITTED ANONYMOU S KITS; TO 13
18	17		MAKE CONFORMING CHAN GES; AND FOR OTHER P URPOSES. 14
19	18		15
20	19		16
21	20		Subtitle 17
22	21		TO AMEND THE LAW CONCERNING SEXUAL 18
23	22		ASSAULT COLLECTION KITS AND ANONYMOUS 19
24	23		KITS; AND TO REQUIRE A STATEWIDE 20
25	24		ACCOUNTING OF ALL UNTESTED SEXUAL ASSAULT 21
26	25		COLLECTION KITS AND UNSUBMITTED ANONYMOUS 22
27	26		KITS. 23
28	27		24
29	28		25
30	29		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
31	30		27
32	31		SECTION 1. Arkansas Code § 12 -12-406(a)(3), concerning sexual assault 28
33	32		collection kits and the submission of sexual assault kits for testing, is 29
34	33		amended to read as follows: 30
35	34		(3) A sexual assault collection kit or an anonymous kit 31
36	35		collected by a licensed healthcare provider shall be taken into custody by a 32
37	36		law enforcement agency as soon as possible and within three (3) business days 33
38	37		of notice from the licensed healthcare provider. 34
39	38		35
40	39		SECTION 2. Arkansas Code § 12 -12-406(c) and (d), concerning sexual 36 HB1829
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43	42
44	43
45	44		assault collection kits and the submission of sexual assault kits for 1
46	45		testing, are amended to read as follows: 2
47	46		(c) A sexual assault collection kit or an anonymous kit shall be 3
48	47		submitted to the laboratory by the receiving law enforcement agency using the 4
49	48		sexual assault collection kit tracking number as soon as possible, but no 5
50	49		later than fifteen (15) days after receipt of the sexual assault collection 6
51	50		kit or anonymous kit. 7
52	51		(d)(1) A law enforcement agency is not required to submit an anonymous 8
53	52		kit to the laboratory if the victim does not affirmatively request 9
54	53		submission. If a victim for whom victim information has been entered into a 10
55	54		sexual assault collection kit tracking system chooses to report the sexual 11
56	55		assault to the law enforcement agency with jurisdiction, the law enforcement 12
57	56		agency with jurisdiction shall submit a request to the laboratory with all 13
58	57		known information so that the victim's sexual assault collection kit results 14
59	58		can be located at the laboratory and released. 15
60	59		(2) If a victim chooses to provide a personal statement about 16
61	60		the sexual assault to a law enforcement agency at any time after initially 17
62	61		declining to provide a personal statement, the anonymous kit shall be 18
63	62		delivered to the laboratory as soon as possible, but no later th an fifteen 19
64	63		(15) days after the victim chooses to provide a personal statement to the law 20
65	64		enforcement agency. A law enforcement agency with jurisdiction shall submit 21
66	65		the request required under subdivision (d)(1) of this section to the 22
67	66		laboratory as soon as possible, but no later than fifteen (15) days after the 23
68	67		victim reports the sexual assault to the law enforcement agency with 24
69	68		jurisdiction. 25
70	69		26
71	70		SECTION 3. Arkansas Code § 12 -12-406, concerning sexual assault 27
72	71		collection kits and the submission of sexual assau lt kits for testing, is 28
73	72		amended to add an additional subsection to read as follows: 29
74	73		(g) A law enforcement agency may contract with one (1) or more parties 30
75	74		to assist in meeting the requirement stated in subsection (c) of this 31
76	75		section. 32
77	76		33
78	77		SECTION 4. Arkansas Code Title 12, Chapter 12, Subchapter 4, is 34
79	78		amended to add an additional section to read as follows: 35
80	79		12-12-407. Audit of untested sexual assault collection kits and 36 HB1829
81	80
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84	83
85	84		unsubmitted anonymous kits. 1
86	85		(a) As used in this section: 2
87	86		(1) “Unsubmitted anonymo us kit” means an anonymous kit that has 3
88	87		not been taken into custody by a law enforcement agency and submitted to the 4
89	88		State Crime Laboratory; and 5
90	89		(2) “Untested sexual assault collection kit” means a sexual 6
91	90		assault collection kit that has not been submitt ed to the State Crime 7
92	91		Laboratory or a similar qualified laboratory for either a serology or DNA 8
93	92		test. 9
94	93		(b)(1) The State Crime Laboratory shall develop a: 10
95	94		(A) Sexual assault evidence inventory audit document for a 11
96	95		law enforcement agency; and 12
97	96		(B) Sexual assault evidence inventory audit document for a 13
98	97		licensed healthcare provider. 14
99	98		(2)(A) The sexual assault evidence inventory audit document for 15
100	99		a law enforcement agency and the sexual assault evidence inventory audit 16
101	100		document for a licensed healthca re provider shall be reviewed and updated 17
102	101		periodically. 18
103	102		(B) The updated sexual assault evidence inventory audit 19
104	103		document for a law enforcement agency and the sexual assault evidence 20
105	104		inventory audit document for a licensed healthcare provider may be se t forth 21
106	105		in rules promulgated by the State Crime Laboratory under the Arkansas 22
107	106		Administrative Procedure Act, § 25 -15-201 et seq. 23
108	107		(c) Before December 31 of each year, a law enforcement agency that 24
109	108		maintains, stores, or preserves sexual assault evidence sh all conduct an 25
110	109		audit of all untested sexual assault collection kits, unsubmitted anonymous 26
111	110		kits, and any associated evidence being stored by the law enforcement agency 27
112	111		and report the information to the State Crime Laboratory, using the sexual 28
113	112		assault evidence inventory audit document for a law enforcement agency. 29
114	113		(d) Before December 31 of each year, each licensed healthcare provider 30
115	114		charged with performing medical -legal examinations shall conduct an audit of 31
116	115		all untested sexual assault collection kits and unsubmitted anonymous kits 32
117	116		being stored by the licensed healthcare provider and report the information 33
118	117		to the State Crime Laboratory, using the sexual assault evidence inventory 34
119	118		audit document for a licensed healthcare provider. 35
120	119		(e) The State Crime Laboratory may communicate with a licensed 36 HB1829
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124	123
125	124		healthcare provider or a law enforcement agency for the purpose of 1
126	125		coordinating testing and other appropriate handling of sexual assault 2
127	126		collection kits and anonymous kits. 3
128	127		(f) Except as set forth in subsection (g) of this section, information 4
129	128		reported to the State Crime Laboratory under this section, as well as 5
130	129		information compiled or accumulated by a licensed healthcare provider or law 6
131	130		enforcement agency for the purpose of audits required by this section, is 7
132	131		confidential and not subject to discovery under the Arkansas Rules of Civil 8
133	132		Procedure or the Freedom of Information Act of 1967, § 25 -19-101 et seq. 9
134	133		(g)(1) On or before each February 1, the State Crime Laboratory shall 10
135	134		prepare and transmit to the President Pro Tempore of the Senate, the Speaker 11
136	135		of the House of Representatives, the Senate Committee on Public Health, 12
137	136		Welfare, and Labor, the House Committee on Public Health, Welfare, and Labor, 13
138	137		and the Attorney General a report containin g: 14
139	138		(A) A compilation of the data submitted by law enforcement 15
140	139		agencies and licensed healthcare providers under this section, with the data 16
141	140		reported in the aggregate; and 17
142	141		(B) A plan to address any backlog of untested sexual 18
143	142		assault collection kits and unsubmitted anonymous kits. 19
144	143		(2) The report submitted under subdivision (g)(1) of this 20
145	144		section shall be presented to the Senate Committee on Public Health, Welfare, 21
146	145		and Labor and the House Committee on Public Health, Welfare, and Labor, 22
147	146		meeting jointly. 23
148	147		(h) This section does not remove confidentiality protection for an 24
149	148		alleged victim of a sexual assault or other sex crime otherwise provided 25
150	149		under Arkansas or federal laws, rules, or regulations. 26
151	150		(i) A medical-legal examination continues to be su bject to § 12-12-402 27
152	151		and other applicable law. 28
153	152		29
154	153		30
155		-	~~APPROVED: 4/11/23~~ 31
	154	+	31
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157	156		33
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160	159		36