HB-5445, As Passed House, June 12, 2014HB-5445, As Passed Senate, June 12, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5445

A bill to create the sexual assault kit evidence submission

act; to provide for the collection of sexual assault kit evidence;

to prescribe the powers and duties of certain state and local

government departments and agencies; to establish certain

procedures regarding the collection, handling, and disposition of

sexual assault kit evidence; and to prohibit the exclusion of

sexual assault kit evidence under certain circumstances.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"sexual assault kit evidence submission act".

Sec. 2. As used in this act:

(a) "Accredited laboratory" means a DNA laboratory that has

received formal recognition that it meets or exceeds a list of

standards, including the FBI director's quality assurance

standards, to perform specific tests, established by a nonprofit

professional association of persons actively involved in forensic

science that is nationally recognized within the forensic community

in accordance with the provisions of the federal DNA identification

act, 42 USC 14132, or subsequent laws.

(b) "Analyzed" means evaluating items for the presence of a

body fluid, cellular material, or DNA followed by the testing of

suitable items at forensic DNA regions for comparison purposes.

including its forensic science division.

(d) "Health care facility" includes a hospital, clinic, or

urgent care center that is regulated under the public health code,

1978 PA 368, MCL 333.1101 to 333.25211, and any other facility that

is authorized to provide sexual assault medical forensic exams

under that act.

(e) "Law enforcement agency" means the local, county, or state

law enforcement agency with the primary responsibility for

investigating an alleged sexual assault offense case and includes

the employees of that agency.

(f) "Sexual assault kit evidence" means evidence collected

from the administration of a sexual assault evidence kit under

section 21527 of the public health code, 1978 PA 368, MCL

333.21527.

(g) "Sexual assault evidence kit" means that term as defined

in section 21527 of the public health code, 1978 PA 368, MCL

333.21527.

(h) "Sexual assault offense" means a violation or attempted

violation of sections 520b to 520g of the Michigan penal code, 1931

PA 328, MCL 750.520b to 750.520g.

(i) "Victim" means, for the purposes of making communications

and receiving notices under this act, an individual who was

subjected to a sexual assault offense.

Sec. 3. (1) A health care facility that has obtained written

consent to release sexual assault kit evidence shall notify the

investigating law enforcement agency, if known, or the law

enforcement agency having jurisdiction in that portion of the local

unit of government in which the medical facility is located of that

fact within 24 hours after obtaining that consent.

(2) A health care facility that has not obtained written

consent to release any sexual assault kit evidence shall inform the

individual from whom sexual assault kit evidence was obtained of

its sexual assault kit evidence storage policy. The information

provided under this subsection shall include a statement of the

period for which that evidence will be stored before it is

destroyed and how the individual can have the evidence released to

the investigating law enforcement agency at a later date. Any

sexual assault kit evidence that is not released to a law

enforcement agency under this section shall be stored for a minimum

of 1 year before it is destroyed.

Sec. 4. (1) A law enforcement agency that receives notice

under section 3 that sexual assault kit evidence has been released

to that law enforcement agency shall take possession of the sexual

assault kit evidence from the health care facility within 14 days

after receiving that notice.

(2) If a law enforcement agency described in subsection (1)

determines that the alleged sexual assault occurred within the

jurisdiction of another law enforcement agency and that it does not

otherwise have jurisdiction over that assault, that law enforcement

agency shall notify the other law enforcement agency of that fact

within 14 days after receiving the kit from the health care

facility that collected the sexual assault kit evidence.

(3) A law enforcement agency that receives notice under

subsection (2) shall take possession of the sexual assault kit

evidence from the other law enforcement agency within 14 days after

receiving that notice.

(4) The investigating law enforcement agency that takes

possession of any sexual assault kit evidence shall assign a

criminal complaint number to that evidence in the manner required

by that agency and shall submit that evidence to the department or

another accredited laboratory for analysis within 14 days after

that law enforcement agency takes possession of that evidence under

this section. Sexual assault kit evidence that was received by a

law enforcement agency within 30 days before the effective date of

this act shall also be submitted to the department or other

accredited laboratory as provided in this section.

(5) Each submission of sexual assault kit evidence for

analysis under this act shall be accompanied by the criminal

complaint number required under subsection (4).

(6) All sexual assault kit evidence submitted to the

department or an accredited laboratory on or after the effective

date of this act shall be analyzed within 90 days after all of the

necessary evidence is received by the department or other

accredited laboratory, provided that sufficient staffing and

resources are available to do so.

(7) The DNA profiles of all sexual assault kit evidence

analyzed under this section on or after the effective date of this

act shall be uploaded only into those databases at the state and

national levels specified by the department.

(8) The failure of a law enforcement agency to take possession

of sexual assault kit evidence as provided in this act or to submit

that evidence to the department or other accredited laboratory

within the time prescribed under this act does not alter the

authority of the law enforcement agency to take possession of that

evidence or to submit that evidence to the department or other

accredited laboratory under this act and does not alter the

authority of the department or other accredited laboratory to

accept and analyze the evidence or to upload the DNA profile

obtained from that evidence into state and national DNA databases

under this act.

(9) The failure to comply with the requirements of this act

does not constitute grounds in any criminal proceeding for

challenging the validity of a database match or of any database

information, and any evidence of that DNA record shall not be

excluded by a court on those grounds.

(10) A person accused or convicted of committing a crime

against the victim has no standing to object to any failure to

comply with the requirements of this act, and the failure to comply

with the requirements of this act is not grounds for setting aside

the conviction or sentence.

Sec. 5. If a law enforcement agency intends to destroy or

otherwise dispose of any sexual assault kit evidence in a sexual

assault offense case before the expiration for the limitation

period applicable under section 24 of chapter VII of the code of

criminal procedure, 1927 PA 175, MCL 767.24, and its destruction

does not otherwise conflict with the requirements of section 16 of

chapter X of the code of criminal procedure, 1927 PA 175, MCL

770.16, the law enforcement agency with the primary responsibility

for investigating the case shall notify the victim of that

intention in writing at least 60 days before the evidence is

destroyed or otherwise disposed of.