Introduced Version
HOUSE BILL No. 1040
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-11; IC 10-19-14; IC 16-21-8.
Synopsis: Medical forensic examination kits. Repeals and relocates
the statute requiring the superintendent of the state police department
(superintendent) to adopt guidelines to establish a standard medical
forensic examination kit for victims of sex crimes (kits). Requires the
superintendent to adopt guidelines on the processing and testing of kits.
Requires law enforcement agencies to submit data to the
superintendent concerning kits in the agencies' possession. Requires
the superintendent to provide information concerning the processing
and testing of kits to the interim study committee on corrections and
criminal code. Requires the department of homeland security to
develop best practice policies and procedures for crime labs and law
enforcement agencies concerning medical forensic evidence of sex
crimes. Requires a forensic medical services provider to notify a law
enforcement agency regarding the completion of a kit not later than 24
hours after the kit is completed. Requires that a notification be
provided to a victim who has registered for notifications through the
web based claims reimbursement and sexual assault examination kit
tracking system not more than 30 days after a change in status to the
kit. Makes conforming changes.
Effective: July 1, 2024.
Klinker
January 8, 2024, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2024 IN 1040—LS 6376/DI 92 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1040
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-11-2-33 IS REPEALED [EFFECTIVE JULY 1,
2 2024]. Sec. 33. (a) The superintendent shall adopt guidelines to
3 establish a standard medical forensic examination kit for victims of a
4 sex crime.
5 (b) The superintendent shall distribute the standard medical forensic
6 examination kits to hospitals and other health care providers who may
7 provide forensic medical examinations to the victims of a sex crime.
8 The superintendent may adopt guidelines to carry out this subsection.
9 SECTION 2. IC 10-11-13 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]:
12 Chapter 13. Standard Medical Forensic Examination Kits for
13 Victims of Sex Crimes
14 Sec. 1. As used in this chapter, "CODIS" means the combined
15 DNA index system (as defined in IC 10-13-6-1).
16 Sec. 2. As used in this chapter, "committee" means the interim
17 study committee on corrections and criminal code established by
2024 IN 1040—LS 6376/DI 92 2
1 IC 2-5-1.3-4.
2 Sec. 3. As used in this chapter, "kit" means the standard
3 medical forensic examination kit for a victim of a sex crime
4 developed by the state police department in accordance with the
5 guidelines adopted under IC 10-11-2-33 (before its repeal) and
6 section 7 of this chapter.
7 Sec. 4. As used in this chapter, "law enforcement agency" has
8 the meaning set forth in IC 35-47-15-2.
9 Sec. 5. As used in this chapter, "provider" has the meaning set
10 forth in IC 16-21-8-0.2.
11 Sec. 6. As used in this chapter, "sex crime" refers to a crime
12 listed in IC 16-21-8-1(b).
13 Sec. 7. (a) The superintendent shall adopt guidelines to establish
14 a standard medical forensic examination kit for a victim of a sex
15 crime.
16 (b) The superintendent shall distribute kits to hospitals and
17 other health care providers that provide forensic medical
18 examinations to the victims of sex crimes.
19 Sec. 8. The superintendent shall adopt guidelines that do the
20 following:
21 (1) Urge law enforcement agencies to send kits for testing not
22 later than twenty-one (21) days after receiving the provider
23 notification described in IC 16-21-8-9(a).
24 (2) Urge crime labs to process kits not later than thirty (30)
25 days after receipt from a law enforcement agency.
26 (3) Urge crime labs to:
27 (A) test all untested kits in their possession; and
28 (B) eliminate any backlog associated with untested kits in
29 law enforcement agency possession;
30 not later than July 1, 2025.
31 Sec. 9. The superintendent shall create and distribute a
32 reporting form in print, electronic format, or both, for law
33 enforcement agencies to annually provide the superintendent with
34 the following information:
35 (1) The total number of kits collected by the law enforcement
36 agency.
37 (2) The total number of kits:
38 (A) in the law enforcement agency's possession; and
39 (B) awaiting testing by a crime lab.
40 (3) The average number of days between a law enforcement
41 agency's submission of a kit to a crime lab for testing and the
42 production of the kit's test results.
2024 IN 1040—LS 6376/DI 92 3
1 Sec. 10. A law enforcement agency shall submit the form
2 containing the information described in section 9 of this chapter to
3 the superintendent not later than July 1 of each year.
4 Sec. 11. Before September 1 of each year, the superintendent
5 shall annually submit to the committee in an electronic format
6 under IC 5-14-6 a report containing:
7 (1) information on the entering of tested kit results into
8 CODIS;
9 (2) the:
10 (A) number of kits awaiting testing statewide; and
11 (B) reasons for delays in kit testing; and
12 (3) any additional information that the superintendent
13 believes is helpful to the committee.
14 SECTION 3. IC 10-19-14 IS ADDED TO THE INDIANA CODE
15 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]:
17 Chapter 14. Forensic Medical Examination Kit Testing
18 Sec. 1. As used in this chapter, "kit" means the standard
19 medical forensic examination kit for victims of a sex crime, as
20 developed by the state police department under IC 10-11-2-33
21 (before its repeal) and IC 10-11-13-7.
22 Sec. 2. As used in this chapter, "law enforcement agency" has
23 the meaning set forth in IC 35-47-15-2.
24 Sec. 3. As used in this chapter, "provider" has the meaning set
25 forth in IC 16-21-8-0.2.
26 Sec. 4. The department shall develop best practice policies and
27 procedures for crime labs and law enforcement agencies
28 concerning the following:
29 (1) The initial collection of sex crime evidence by providers.
30 (2) Provider notification to a law enforcement agency upon
31 completion of a kit.
32 (3) The time frame for kit testing by a crime lab.
33 (4) The transfer of kits:
34 (A) from a provider to a law enforcement agency;
35 (B) from a law enforcement agency to a crime lab; and
36 (C) from a crime lab to a law enforcement agency;
37 and the maintenance of kits during transfer between the
38 entities described in clauses (A) through (C).
39 (5) Victim petitions requesting the testing of a kit.
40 (6) Victim notification of the following:
41 (A) The planned destruction of a kit.
42 (B) The storage, transportation, or transfer of a kit.
2024 IN 1040—LS 6376/DI 92 4
1 (C) The testing status of a kit.
2 (7) The creation, distribution, and storage of all records and
3 reports pertaining to the following:
4 (A) Kit chain of custody.
5 (B) Kit test results.
6 (C) Audits of kit inventory.
7 (8) The maintenance and storage of tested and untested kits.
8 Sec. 5. The department shall disseminate information to law
9 enforcement agencies regarding the existence, location, and
10 capacity of:
11 (1) county facilities;
12 (2) state facilities; and
13 (3) private vendors;
14 capable of testing kits.
15 SECTION 4. IC 16-21-8-0.2, AS AMENDED BY P.L.36-2019,
16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 0.2. The following definitions apply throughout
18 this chapter:
19 (1) "Division" refers to the victim services division of the Indiana
20 criminal justice institute established by IC 5-2-6-8(a).
21 (2) "Evidence" means the results collected from a forensic
22 medical examination of a victim by a provider.
23 (3) "Personal information" has the meaning set forth in
24 IC 9-14-6-6.
25 (4) "Provider" means a hospital or licensed medical services
26 provider that provides forensic medical exams and additional
27 forensic services to a victim.
28 (5) "Sample" means the result collected from a forensic medical
29 examination of the victim by a provider, when the victim has not
30 yet reported the sex crime to law enforcement.
31 (6) "Secured storage" means a method of storing a sample that
32 will adequately safeguard the integrity and viability of the sample.
33 (7) "Sexual assault examination kit" means the standard medical
34 forensic examination kit for victims of sexual assault developed
35 by the state police department under IC 10-11-2-33 (before its
36 repeal) and IC 10-11-13-7.
37 (8) "Sexual assault nurse examiner" means a registered nurse
38 who:
39 (A) has received training to provide comprehensive care to
40 sexual assault survivors; and
41 (B) can:
42 (i) conduct a forensic medical examination; and
2024 IN 1040—LS 6376/DI 92 5
1 (ii) collect evidence from a sexual assault victim.
2 SECTION 5. IC 16-21-8-9, AS ADDED BY P.L.41-2007,
3 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 9. (a) Prior to the discharge of a victim from the
5 hospital, a provider shall:
6 (1) require the victim to sign a form that notifies the victim of his
7 or her rights under this chapter;
8 (2) provide a copy of the signed form to the victim; and
9 (3) inform law enforcement that the sample is available not later
10 than twenty-four (24) hours after the completion of a forensic
11 medical examination.
12 (b) The director of the Indiana criminal justice institute may delay
13 the implementation of this section until the earlier of the following:
14 (1) A date set by the director.
15 (2) The date funding becomes available by a grant through the
16 criminal justice institute or by an appropriation from the general
17 assembly.
18 If the director of the criminal justice institute delays implementation of
19 this section, the director shall notify the prosecuting attorney of each
20 county of the director's action and when funding become becomes
21 available to implement this section.
22 SECTION 6. IC 16-21-8-10, AS AMENDED BY P.L.36-2019,
23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 10. (a) Law enforcement shall:
25 (1) obtain the sample within forty-eight (48) hours after receiving
26 a provider's notification; and
27 (2) transport the sample to secured storage.
28 (b) Law enforcement shall keep the sample in secured storage until
29 the earlier of the following:
30 (1) At least one (1) year after the date the sample is placed in
31 secured storage.
32 (2) The victim reports the sex crime to law enforcement and the
33 sample is transported to a crime lab.
34 (c) Notification of sample destruction may be provided by the
35 division through the web based claims reimbursement and sexual
36 assault examination kit tracking system. Law enforcement agencies and
37 prosecuting attorneys shall cooperate with the division by providing
38 storage updates to the division via the web based claims reimbursement
39 and sexual assault examination kit tracking system.
40 (d) A victim may register for notification through the web based
41 claims reimbursement and sexual assault examination kit tracking
42 system. If a victim has registered for notifications under this
2024 IN 1040—LS 6376/DI 92 6
1 subsection, a notification must be sent to the victim each time there
2 is a change in status to the kit not more than thirty (30) days after
3 the change in status.
4 (e) Each county shall develop and implement a plan for the secured
5 storage and destruction of samples.
6 (f) The director of the Indiana criminal justice institute may delay
7 the implementation of this section until the earlier of the following:
8 (1) A date set by the director.
9 (2) The date funding becomes available by a grant through the
10 criminal justice institute or by an appropriation from the general
11 assembly.
12 If the director of the criminal justice institute delays implementation of
13 this section, the director shall notify the prosecuting attorney of each
14 county of the director's action and when funding becomes available to
15 implement this section.
16 (g) The failure to comply with:
17 (1) this chapter;
18 (2) a plan adopted by a county; or
19 (3) a protocol adopted by a sexual assault response team;
20 does not, standing alone, affect the admissibility of a sample as
21 evidence in a criminal or civil proceeding.
2024 IN 1040—LS 6376/DI 92