SB 37

Current law contains procedures for the transmission, processing, and storage

of sexual assault kits. Under current law, once the state crime laboratories takes

possession of a sexual assault kit, it must do one of the following: 1) if it has received

the kit of a person who has not consented to analysis, securely store the kit for a

period of 10 years; or 2) if it has received the kit of a person who has consented to

analysis, process the kit in accordance with Department of Justice procedures and

then send the kit to a law enforcement agency for storage for a statutorily prescribed

period of time.

This bill provides a specific timeline for the state crime laboratories to process

sexual assault kits. The bill requires that the state crime laboratories begin

processing a kit within five business days of receipt and complete processing it within

60 calendar days after beginning. The timeline applies only to the following sexual

assault kits:

1. Kits of a person who has consented to analysis by reporting the sexual

assault if the perpetrator of the sexual assault is unknown and there is a threat to

public safety.

2. Kits containing evidence collected from a sexual assault examination

performed as part of the investigation of a suspicious death.

3. Kits requested to be processed by persons who are authorized to request the

state crime laboratories to conduct a criminal investigation. Under current law, this

includes sheriffs, coroners, medical examiners, district attorneys, police chiefs, state

prison wardens or superintendents, the attorney general, or the governor.