Arizona Senate Bill SB1645

Arizona 2023 Regular Session

• Introduced: 2/2/23

Caption

Sexual assault kit; victim access

Impact

The proposed changes to Section 13-1426 of the Arizona Revised Statutes are intended to create a more efficient and victim-centered process for handling sexual assault cases. It requires public accredited crime laboratories to upload eligible DNA profiles to relevant databases, enhancing the capability to link offenders to crimes and potentially helping to prevent future offenses. This measure is seen as crucial in supporting victims by providing transparency around the processing of their evidence.

Summary

SB1645 aims to amend Arizona's laws regarding sexual assault investigations, specifically enhancing victim access to information about their sexual assault kit evidence. The bill requires that health care facilities notify law enforcement of sexual assault kits collected within 48 hours. Once notified, law enforcement must take possession of the evidence within five business days to ensure timely analysis. The bill emphasizes the importance of preserving forensic evidence and mandates that kits be submitted to accredited crime laboratories for analysis within 15 business days when a victim has reported the crime.

Contention

While the bill has broad support among legislators and advocates focused on victims' rights, there are concerns regarding the implementation of such measures, particularly regarding funding and resource allocation for law enforcement and laboratories to comply with the new timelines. Some stakeholders worry that without adequate support, the pressures on already strained systems could lead to failures in processing evidence, ultimately impacting the effectiveness of the law. Additionally, the bill explicitly states that it does not create a private right of action for victims against law enforcement agencies for non-compliance, which has raised concerns about accountability.