Arizona 2023 Regular Session

Arizona Senate Bill SB1645 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: sexual assault kit; victim access State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1645 Introduced by Senators Burch: Alston, Bennett, Farnsworth, Fernandez, Gabaldn, Gonzales, Kaiser, Marsh, Mendez, Miranda; Representatives Terech, Travers An Act amending section 13-1426, Arizona Revised Statutes; relating to sexual assault investigations. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: sexual assault kit; victim access
10	10	State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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12	12	Introduced by Senators Burch: Alston, Bennett, Farnsworth, Fernandez, Gabaldn, Gonzales, Kaiser, Marsh, Mendez, Miranda; Representatives Terech, Travers
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14	14	REFERENCE TITLE: sexual assault kit; victim access
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40	40	SB 1645
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44	44	Introduced by
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46	46	Senators Burch: Alston, Bennett, Farnsworth, Fernandez, Gabaldn, Gonzales, Kaiser, Marsh, Mendez, Miranda; Representatives Terech, Travers
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62	62	An Act
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66	66	amending section 13-1426, Arizona Revised Statutes; relating to sexual assault investigations.
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72	72	(TEXT OF BILL BEGINS ON NEXT PAGE)
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76	76	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-1426, Arizona Revised Statutes, is amended to read: START_STATUTE13-1426. Sexual assault investigations; collected biological evidence testing; victim access; definitions A. A health care facility that obtains written consent to release sexual assault kit evidence shall notify the investigating law enforcement agency, if known, or the law enforcement agency that has jurisdiction in that portion of the local unit of government in which the health care facility is located within forty-eight hours after the sexual assault kit evidence collection. B. A law enforcement agency that receives notice pursuant to subsection A of this section must take possession of the sexual assault kit evidence from the health care facility within five business days after notification. C. The investigating law enforcement agency must submit the sexual assault kit evidence to a public accredited crime laboratory for forensic analysis within fifteen business days after its receipt in all cases in which a victim reports to law enforcement and law enforcement determines that a crime occurred. D. All sexual assault examination kits kit evidence that are is submitted for analysis must be analyzed as soon as practicable if sufficient personnel and resources are available. E. The public accredited crime laboratory shall ensure that all eligible DNA profiles are uploaded into: 1. Databases that are maintained by the state law enforcement agency, if the DNA profile meets the requirements of the state database comparison policies. 2. Databases that are maintained by municipal law enforcement agencies, if the DNA profile meets the requirements of the municipal crime laboratory comparison policies. 3. The combined DNA index system database established by the federal bureau of investigation, if the DNA profile meets the requirements of the bureau's comparison policies. F. A public accredited crime laboratory may contract with a private accredited crime laboratory, as appropriate, to perform the analysis that is required by this section, subject to the necessary quality assurance reviews by the public accredited crime laboratory. G. The failure of a law enforcement agency to submit a request for analysis within the time limits prescribed by this section does not constitute grounds in any criminal or civil proceeding to challenge the validity of a DNA evidence association and a court may not exclude any evidence obtained from the sexual assault examination kit on those grounds. H. A person who is accused or convicted of committing a crime against a victim does not have standing to object to any failure to comply with this section and such failure is not grounds for setting aside a conviction or sentence. I. This section does not establish a private right of action or claim on the part of any individual, entity or agency against any law enforcement agency or any contractor of a law enforcement agency. J. A public accredited crime laboratory shall provide or cause to be provided a secure internet portal that allows a victim to ANONYMOUSLY access the following information relating to the victim's sexual assault kit evidence: 1. The current location of the sexual assault kit. 2. The date of the testing. 3. The results of the testing. 4. Whether a dna profile was obtained from the sexual assault kit evidence. J. K. For the purposes of this section: 1. "Law enforcement agency" means the police department of any state, county, municipality or postsecondary educational institution or for any agency that has an agreement in place for evidence analysis. 2. "Public accredited crime laboratory" means a crime laboratory that is established pursuant to section 41-1771 or a municipal crime laboratory. END_STATUTE
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78	78	Be it enacted by the Legislature of the State of Arizona:
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80	80	Section 1. Section 13-1426, Arizona Revised Statutes, is amended to read:
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82	82	START_STATUTE13-1426. Sexual assault investigations; collected biological evidence testing; victim access; definitions
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84	84	A. A health care facility that obtains written consent to release sexual assault kit evidence shall notify the investigating law enforcement agency, if known, or the law enforcement agency that has jurisdiction in that portion of the local unit of government in which the health care facility is located within forty-eight hours after the sexual assault kit evidence collection.
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86	86	B. A law enforcement agency that receives notice pursuant to subsection A of this section must take possession of the sexual assault kit evidence from the health care facility within five business days after notification.
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88	88	C. The investigating law enforcement agency must submit the sexual assault kit evidence to a public accredited crime laboratory for forensic analysis within fifteen business days after its receipt in all cases in which a victim reports to law enforcement and law enforcement determines that a crime occurred.
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90	90	D. All sexual assault examination kits kit evidence that are is submitted for analysis must be analyzed as soon as practicable if sufficient personnel and resources are available.
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92	92	E. The public accredited crime laboratory shall ensure that all eligible DNA profiles are uploaded into:
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94	94	1. Databases that are maintained by the state law enforcement agency, if the DNA profile meets the requirements of the state database comparison policies.
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96	96	2. Databases that are maintained by municipal law enforcement agencies, if the DNA profile meets the requirements of the municipal crime laboratory comparison policies.
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98	98	3. The combined DNA index system database established by the federal bureau of investigation, if the DNA profile meets the requirements of the bureau's comparison policies.
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100	100	F. A public accredited crime laboratory may contract with a private accredited crime laboratory, as appropriate, to perform the analysis that is required by this section, subject to the necessary quality assurance reviews by the public accredited crime laboratory.
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102	102	G. The failure of a law enforcement agency to submit a request for analysis within the time limits prescribed by this section does not constitute grounds in any criminal or civil proceeding to challenge the validity of a DNA evidence association and a court may not exclude any evidence obtained from the sexual assault examination kit on those grounds.
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104	104	H. A person who is accused or convicted of committing a crime against a victim does not have standing to object to any failure to comply with this section and such failure is not grounds for setting aside a conviction or sentence.
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106	106	I. This section does not establish a private right of action or claim on the part of any individual, entity or agency against any law enforcement agency or any contractor of a law enforcement agency.
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108	108	J. A public accredited crime laboratory shall provide or cause to be provided a secure internet portal that allows a victim to ANONYMOUSLY access the following information relating to the victim's sexual assault kit evidence:
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110	110	1. The current location of the sexual assault kit.
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112	112	2. The date of the testing.
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114	114	3. The results of the testing.
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116	116	4. Whether a dna profile was obtained from the sexual assault kit evidence.
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118	118	J. K. For the purposes of this section:
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120	120	1. "Law enforcement agency" means the police department of any state, county, municipality or postsecondary educational institution or for any agency that has an agreement in place for evidence analysis.
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122	122	2. "Public accredited crime laboratory" means a crime laboratory that is established pursuant to section 41-1771 or a municipal crime laboratory. END_STATUTE