Pennsylvania Act 2024-122 — SEXUAL ASSAULT TESTING AND EVIDENCE COLLECTION ACT - SEXUAL ASSAULT EVIDENCE TRACKING SYSTEM, RIGHTS OF SEXUAL ASSAULT VICTIMS, REPORT BY PENNSYLVANIA STATE POLICE AND WAIVER FOR VICTIM

Act text

Session of 2024

No. 2024-122

SB 920

AN ACT

Amending the act of November 29, 2006 (P.L.1471, No.165), entitled "An act providing for a sexual assault evidence collection program and for powers and duties of the Department of Health and the Pennsylvania State Police; establishing civil immunity; and providing for rights of sexual assault victims," further providing for definitions; providing for sexual assault evidence tracking system; further providing for rights of sexual assault victims and for report by Pennsylvania State Police; and providing for waiver for victim.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The definition of "PCAR" in section 2 of the act of November 29, 2006 (P.L.1471, No.165), known as the Sexual Assault Testing and Evidence Collection Act, is amended and the section is amended by adding definitions to read:

Section 2. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

---

"Commission." The Pennsylvania Commission on Crime and Delinquency.

---

"PCAR." The Pennsylvania Coalition [Against Rape] to Advance Respect .

---

"Tracking system" or "system." The Statewide tracking system established under section 3.1(a) for evidence collected under the sexual assault evidence collection program.

---

Section 2. The act is amended by adding a section to read:

Section 3.1. Sexual assault evidence tracking system.

(a) Establishment.--No later than one year from the effective date of this subsection, in coordination with the Pennsylvania State Police, the commission shall establish and maintain a Statewide tracking system for evidence collected under the sexual assault evidence collection program. The commission may:

(1) Purchase an electronic off-the-shelf tracking system if the system meets all of the requirements of this section.

(2) Apply for Federal funding to establish and maintain the tracking system.

(b) Requirements of system.--The sexual assault evidence tracking system shall:

(1) Be electronic and web-based.

(2) Be administered by the commission, with assistance from the Department of Health, the Office of Attorney General and the Pennsylvania State Police.

(3) Have help desk availability at all times.

(4) Ensure that the contact information for PCAR, the Pennsylvania State Police or the local law enforcement agency is accessible to the victim through the tracking system.

(5) Allow for the victim to opt in for automatic notifications when status updates are entered in the system.

(6) Include at each step of the process a brief explanation of the general purpose of that step and a general indication of how long the step may take to complete.

(7) A safety or escape exit that allows a victim to quickly close the tracking system on their device.

(8) Allow for secure access, controlled by the commission, that shall restrict user access and allow different permissions based on the need of the particular user. The commission shall only approve the users necessary for the operation of the system and accurate and complete information.

(9) Provide users, other than victims, the ability to provide for any individual who is granted access to the program their own unique user identification and password.

(10) Provide a mechanism for a victim to enter the system and only access the information pertaining to the victim.

(11) Enable sexual assault evidence to be tracked and identified through the unique rape kit identification number, bar code or other unique identification feature approved by the commission that the vendor applies to each rape kit.

(12) Provide the ability to record the date, time and user identification when a user, who is not a victim, accesses the system.

(13) Require that a victim's access to the system remain anonymous to all parties.

(14) Provide the user with the ability to use the system in their preferred language.

(15) Track the destruction of a rape kit after analysis of the rape kit is completed.

(16) Contain the following fields for tracking and reporting as follows:

(i) For health care facilities fields:

(A) The date that the sexual assault evidence was collected.

(B) The date and time that notification was made to the local law enforcement agency or the Pennsylvania State Police.

(ii) For local law enforcement agencies and the Pennsylvania State Police:

(A) The date that the local law enforcement agency or the Pennsylvania State Police took possession of the sexual assault evidence from the health care facility.

(B) The date that the local law enforcement agency or the Pennsylvania State Police submitted the evidence to a laboratory for analysis.

(C) The date that the local law enforcement agency or the Pennsylvania State Police received the sexual assault evidence results back from the laboratory.

(iii) For laboratories:

(A) The date that the sexual assault evidence is received from the local law enforcement agency or the Pennsylvania State Police.

(B) The date that the laboratory completes the analysis of the sexual assault evidence.

(c) Maintenance and operation.--The following shall apply:

(1) The commission, or an entity contracted by the commission, shall have the exclusive responsibility and authority to maintain and operate the tracking system's server. The tracking system shall include a data backup system located on a server that shall at all times be under the control of the commission or the entity contracted by the commission.

(2) For the purposes of this subsection, the term "entity" shall not include a government agency.

(d) Training.--The commission shall create and provide comprehensive training to inform all users who are not victims about the existence of the tracking system, the requirements of the program and the requirements to use the tracking system. The commission and PCAR shall post on their publicly accessible Internet websites tutorials on how to use the system for victims. The commission shall provide health care facilities and PCAR with resources for victims on the system.

(e) Data.--Notwithstanding any other provision of law, the commission shall provide aggregate data related to the system and may not provide data that would otherwise compromise the safety of the victim or a successful prosecution when data is requested under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, or any other relevant statute.

(f) Participation.--All entities that handle and process rape kits, including health care facilities, the Pennsylvania State Police, local law enforcement agencies and laboratories, shall participate in the system.

(g) Resource only.--The tracking system shall serve as a resource for a victim. Notwithstanding any other provision of law or court rule, information entered into the tracking system shall not serve as an official status of the rape kit and shall not be admissible to challenge the chain of custody of evidence in a criminal proceeding.

Section 3. Section 5(a) introductory paragraph, (1) and (2) of the act are amended, paragraph (3) is amended by adding a subparagraph and the subsection is amended by adding paragraphs to read:

Section 5. Rights of sexual assault victims.

(a) General rule.--In addition to the rights provided under the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, a sexual assault victim, guardian of a sexual assault victim or close relative of a deceased sexual assault victim shall have all of the following rights[, if requested by the victim, guardian or relative]:

(1) The right to , upon request by the victim, guardian or relative, a disclosure of information regarding the submission of any evidence for forensic testing that was collected from the victim during the investigation of the offense, unless disclosing the information would interfere with the investigation or prosecution of the offense, in which case the victim, guardian or relative shall be informed of the estimated date on which the information is expected to be disclosed, if known.

(2) The right to , upon request by the victim, guardian or relative, a disclosure of information regarding the status of any analysis being performed on any evidence that was collected during the investigation of the offense.

(3) The right to be notified:

---

(iv) Within 24 hours if the system has a breach by an unauthorized user and the commission believes that the status of a victim's rape kit has been accessed.

---

(6.1) The right to, upon written request, be granted further preservation of the rape kit or the rape kit's probative contents by the appropriate official with custody of the rape kit.

---

(9.1) The right to be notified of the tracking system.

---

Section 4. Section 6 introductory paragraph of the act is amended and the section is amended by adding paragraphs to read:

Section 6. Report by Pennsylvania State Police.

In consultation with the commission, department, PCAR and, as necessary with local law enforcement, the Pennsylvania State Police shall compile the following data and submit a report to the department [by December 31, 2018, and annually thereafter] , President pro tempore of the Senate and Speaker of the House of Representatives by December 31 each year :

---

(6) Aggregate data provided by the system.

(7) A review of the current operation of the system, best practices in other states and any recommended improvements to the system.

(8) An evaluation on the ability to on-board all rape kits collected prior to the effective date of this paragraph that have not had the testing or analysis of the rape kit completed. This paragraph shall expire three years after the effective date of this paragraph.

Section 5. The act is amended by adding a section to read:

Section 7. Waiver for victim.

The following shall apply:

(1) A claim for compensation filed by a direct victim, as defined under section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, who is otherwise eligible for compensation under the Crime Victims Act and the delay in filing an application was a result of a delay in testing of, or a delay in DNA profile matching from, a rape kit or biological material collected as evidence related to a sexual assault shall, upon approval of a waiver completed under paragraph (2), be granted an exception to the provisions of section 702(b)(1) of the Crime Victims Act.

(2) The Office of Victims' Services shall create a waiver to be completed by a direct victim seeking an exception under paragraph (1).

(3) A direct victim shall not be required to undergo an appeals process for the consideration of the victim's waiver application under this section.

Section 6. This act shall take effect as follows:

(1) The amendment or addition of section 6 introductory paragraph and (8) of the act shall take effect in one year.

(2) The addition of section 6(6) and (7) of the act shall take effect in 18 months.

(3) The addition of section 7 of the act shall take effect in 60 days.

(4) The remainder of this act shall take effect immediately.

APPROVED--The 29th day of October, A.D. 2024.

JOSH SHAPIRO