Sexual assault medical examinations-statewide inventory.

2015
STATE OF WYOMING
15LSO-0450
Numbered
2.1

HOUSE BILL

NO.

HB0195

Sexual assault medical examinations-statewide inventory.

Sponsored by:
Representative(s) Esquibel, K., Campbell, Dayton, Halverson, Harvey, Kasperik and Throne and Senator(s) Craft

A BILL

for

AN ACT relating to sexual assaults; establishing procedures to determine whether a backlog of sexual assault medical examinations exists; providing for an accounting of forensic medical examination information; requiring rulemaking; requiring reports; providing definitions; providing an appropriation; authorizing a position; providing a repeal date as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 7
‑
19
‑
407 and 7
‑
19
‑
408 are created to read:

7
‑
19
‑
407
.

Forensic medical evidence in sexual assault cases; definitions; rules; compliance.

(a)

As used in W.S. 7
‑
19
‑
407 and 7
‑
19
‑
408:

(
i
)

"Forensic medical evidence" means the deoxyribonucleic acid (DNA) evidence gathered during a medical examination conducted pursuant to W.S. 6
‑
2
‑
309;

(ii)

"Forensic medical examination" means the medical examination authorized in W.S. 6
‑
2
‑
309 for the purposes of gathering and preserving evidence of a sexual assault for use in a
court of law.

(b)

Not later than April 15, 2015, the division shall begin the process of promulgating rules and regulations governing the policies and procedures for the collection of forensic medical evidence collected in connection with an alleged sexual assault. Rules under this section shall include:

(
i
)

A requirement that forensic medical evidence shall be collected if a victim of an alleged sexual assault requests it to be collected;

(ii)

Identification of evidence to be submitted to the division;

(iii)

Time frames for submission and analysis of evidence. The rules and regulations on time frames shall provide that evidence that meets the criteria for mandatory submission shall be submitted within twenty
‑
one (21) days after receipt by a law e
nforcement agency;

(iv)

Standards
for consent for the collection, testing and release of test results of the forensic medical evidence, including:

(A)

Consent forms that notify persons of the potential effects of each step of the process, including collection, testing and release of test results and require acknowledgement of consent for each step of the process;

(B)

Identification of persons who may give consent and when consent is required;

(C)

Identification of persons who may withdraw consent and when consent may be withdrawn; and

(D)

Specification of the time, method and purposes for release of test results and for what purposes.

(v)

A plan for prioritizing the testing of the backlog of forensic medical evidence to be forwarded to the division pursuant to W.S. 7
‑
19
‑
408(b) and a plan for testing newly collected forensic medical evidence once the backlog is resolved; and

(vi)

The
date, as soon as practicable, by which a law enforcement agency shall analyze its backlog of forensic medical evidence if it does not forward that evidence to the division for analysis.

(c)

Law enforcement and medical personnel shall not, for any reason, discourage a victim of an alleged sexual assault from receiving a forensic medical examination.

(d)

Not later than ninety (90) days after the division has adopted the rules and regulations required under subsection (b) of this section, all law enforcement agencies in the state shall comply with the adopted rules. The failure of a law enforcement agency to comply with the rules and regulations does not affect:

(
i
)

The authority of the law enforcement agency to submit the evidence to the division;

(ii)

The authority of the division to analyze the evidence or provide results of the analysis to appropriate persons; or

(iii)

The admissibility of the evidence in any court.

(e)

Not later than ninety (90) days after the division has adopted the rules and regulations required under subsection (b) of this section, all law enforcement personnel at a medical facility performing a forensic medical examination and all other persons having custody of
forensic medical evidence collected in connection with an alleged sexual assault or the results of tests conducted on the evidence shall comply with the adopted rules.

(f)

A person who receives evidence or results of tests under this section shall not disclose the evidence or results except to the extent that disclosure is consistent with the authorized purpose for which the person obtained the evidence.

7
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19
‑
408
.

Forensic medical evidence in sexual assault cases; backlog; compliance; repeal.

(a)

Not later than July 1, 2015, each law enforcement agency in the state shall submit to the division an inventory of all forensic medical evidence the law enforcement agency has of any alleged sexual assault that has not been analyzed by the division and that is for an active criminal case. The division shall compile all information it receives under this subsection in preparation of:

(
i
)

Developing a plan to address any backlog of forensic medical evidence identified in the inventories it receives from law enforcement agencies in the state; and

(ii)

Preparing the report required under subsection (d) of this section.

(b)

Not later than October 1, 2015, each law enforcement agency in the state shall forward to the division the forensic medical evidence identified on the law enforcement agency's inventory submitted to the division. The division shall begin analyzing the forensic medical evidence submitted by law enforcement agencies in the state under this section to the extent practicable with its existing capabilities.

(c)

Notwithstanding subsections (a) and (b) of this section, a law enforcement agency in this state may develop its own plan to analyze forensic medical evidence of alleged sexual assaults if all evidence is analyzed by the date specified by rule pursuant to W.S. 7
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19
‑
407(
b)(iii). If a law enforcement agency develops its own plan, it shall not forward an inventory of the forensic medical evidence
to the division as required by subsection (a) of this section, but shall notify the division that the law enforcement agency has developed its own plan pursuant to this subsection.

(d)

Not later than December 1, 2015, the division shall submit to the governor and the joint judiciary interim committee a report which includes at minimum a proposed plan for analyzing as soon as practicable all of the forensic medical evidence of alleged sexual assaults inventoried pursuant to subsection (a) of this section and a request, as necessary, for additional staff and funding to resolve any backlog of forensic medical evidence identified in the inventories the division receives from law enforcement agencies in the state under subsection (a) of this section.

(e)

This section is repealed effective July 1, 2016.

Section 2
.

W.S. 7
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19
‑
401(
a)(xii) is amended to read:

7
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19
‑
401
.

Definitions.

(a)

For purposes of this act:

(xii)

"This act" means W.S. 7
‑
19
‑
401 through
7
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19
‑
406
7
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19
‑
408
.

Section 3
.

(a)

There is appropriated from the general fund to the
attorney general
for the period beginning April 1, 2015 and ending June 30, 2016, a one
‑
time appropriation of eighty thousand dollars ($80,000.00) to implement the purposes of this act.

(b)

The
attorney general
is authorized one (1) at
‑
will employee
contract position
for the period beginning April 1, 2015 and ending June 30, 2016 to implement W.S. 7
‑
19
‑
407(b) and 7
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19
‑
408(a) and (d) created by section 1 of this act.

Section 4
.

This act is effective April 1, 2015
.

(END)

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HB0195