S0399B0381A00403 BIL:JMT 03/26/19 #90 A00403
AMENDMENTS TO SENATE BILL NO. 399
Sponsor: SENATOR LANGERHOLC
Printer's No. 381
Amend Bill, page 1, line 6, by inserting after "providing"
for sexual assault evidence collection program,
Amend Bill, page 1, line 7, by inserting after "victims"
and for report by Pennsylvania State Police
Amend Bill, page 1, lines 10 through 14, by striking out all
of said lines and inserting
Section 1. Section 3(a)(6) and (c)(1) of the act of November
29, 2006 (P.L.1471, No.165), known as the Sexual Assault Testing
and Evidence Collection Act, amended October 24, 2018 (P.L.1192,
No.164), are amended and the section is amended by adding a
subsection to read:
Section 3. Sexual assault evidence collection program.
(a) Establishment.--There is hereby established a Statewide
sexual assault evidence collection program to promote the health
and safety of victims of sexual assault and to facilitate the
prosecution of persons accused of sexual assault. This program
shall be administered by the department. Under this program the
department shall:
* * *
(6) Establish a designated telephone number for the use
of health care facilities who have notified local law
enforcement or the Pennsylvania State Police to take
possession of sexual assault evidence that has not been
completed within 72 hours. The following apply:
(i) The telephone line shall be staffed by a live
person during regular business hours.
(ii) The telephone line shall allow the health care
facility to leave a voicemail.
(iii) After receiving a report by a h ealth care
facility under this paragraph, t he department shall
contact local law enforcement or the Pennsylvania State
Police to take possession of the sexual assault evidence.
* * *
(c) Submission and analysis.--The following shall apply to
all sexual assault evidence obtained by a health care facility,
2019/90BIL/SB0399A00403 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
at the request or consent of the victim, on or after the
effective date of this subsection:
(1) Within 12 hours of collection of sexual assault
evidence, the health care facility shall notify the local law
enforcement agency of the jurisdiction where the reported
sexual assault occurred or the Pennsylvania State Police if
the jurisdiction is unknown. The local law enforcement agency
or the Pennsylvania State Police shall take possession of the
sexual assault evidence within 72 hours of receiving notice.
If local law enforcement or the Pennsylvania State Police has
not taken possession of the sexual assault evidence within 72
hours of notification, the health care facility shall notify
the department through the designated telephone number. For
those cases in which the victim has not yet consented to
testing of the evidence, the evidence shall be preserved and
stored for a period of no less than two years, unless consent
is provided before that period. The Pennsylvania State
Police, in consultation with the Pennsylvania Chiefs of
Police Association and the Pennsylvania District Attorneys
Association, shall establish policies for local law
enforcement agencies relating to the storage and preservation
of the evidence, including, but not limited to, the storage
and preservation of evidence with unknown jurisdiction.
* * *
(c.1) Anonymous submissions.--The following shall apply to
sexual assault evidence obtained by a health care facility at
the request or with the consent of the victim who does not wish
to make a report to law enforcement:
(1) Within 12 hours of collection of the sexual assault
evidence, the health care facility shall notify the local law
enforcement agency of the jurisdiction where the reported
sexual assault occurred. If the victim does not wish to state
or does not know where the sexual assault occurred, the
health care facility shall notify the Pennsylvania State
Police . The local law enforcement agency or Pennsylvania
State Police shall take possession of the sexual assault
evidence within 72 hours of receiving notice.
(2) The Pennsylvania State Police shall develop a form
for the health care facility to attest that the victim gave
consent and wishes to remain anonymous. The Pennsylvania
State Police shall also develop a procedure to track the rape
kit, which permits the victim to make a report to law
enforcement and preserves the evidence for 20 years or the
duration of the maximum applicable criminal statute of
limitations, whichever is shorter.
(3) Within 15 days of receiving notice on the required
form of consent to the testing of the sexual assault
evidence, the local law enforcement agency or Pennsylvania
State Police shall submit the evidence awaiting testing to a
laboratory approved by the department for testing or
analysis.
2019/90BIL/SB0399A00403 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(4) A laboratory shall complete the testing or analysis
of sexual assault evidence submitted under this section
within six months from the date of receipt of the evidence.
(5) The failure of a health care facility, local law
enforcement agency or the Pennsylvania State Police to submit
the sexual assault evidence in accordance with paragraph (1)
or (3) shall not alter the authority of a local law
enforcement agency or the authority of a laboratory approved
by the department to accept and analyze the evidence.
* * *
Section 2. Section 5 of the act is amended, subsection (a)
is amended by adding paragraphs and the the section is amended
by adding a subsection to read:
Amend Bill, page 2, line 10, by inserting after "for"
20 years or
Amend Bill, page 2, line 11, by inserting after "applicable"
criminal
Amend Bill, page 2, line 11, by inserting after "limitations"
, whichever is shorter
Amend Bill, page 3, line 4, by inserting after "Police"
, the Pennsylvania Chiefs of Police Association, the
Pennsylvania District Attorneys Association
Amend Bill, page 3, line 13, by inserting after "Police"
, the Pennsylvania Chiefs of Police Association, the
Pennsylvania District Attorneys Association
Amend Bill, page 4, by inserting between lines 8 and 9
Section 3. Section 6 of the act, added October 24, 2018
(P.L.1192, No.164), is amended to read:
Section 6. Report by Pennsylvania State Police.
In consultation with the 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 [biannually] annually thereafter:
(1) The volume of sexual assault evidence [submitted]
for which testing is completed.
(2) The volume of backlogged sexual assault evidence
awaiting testing.
[(3) The rate of submission of sexual assault evidence
by law enforcement agencies in compliance with the provisions
of this act.]
(4) The [speed of testing of sexual assault evidence,
average wait] average turnaround time to complete testing and
reasons for any delays in submission or testing of sexual
2019/90BIL/SB0399A00403 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
assault evidence.
(5) A review of current practices, including interagency
collaboration with law enforcement agencies and rape crisis
centers, in rape kit evidence collection every two years.
Amend Bill, page 4, line 9, by striking out "2" and inserting
4
2019/90BIL/SB0399A00403 - 4 -
1
2
3
4
5
6