2017-2018 Bill 3461: SLED - South Carolina Legislature Online

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 H. 3461 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. CobbHunter 10 Document Path: l:\council\bills\gt\5240cm17.docx 11 12 Introduced in the House on January 12, 2017 13 Currently residing in the House Committee on Judiciary 14 15 Summary: SLED 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 1/12/2017 House Introduced and read first time ( House Journalpage 426) 22 1/12/2017 House Referred to Committee on Judiciary ( House Journalpage 426) 23 24 View the latest legislative information at the website 25 26 27 VERSIONS OF THIS BILL 28 29 1/12/2017 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING ARTICLE 15 TO CHAPTER 3, TITLE 23 13 SO AS TO PROVIDE THAT THE STATE LAW 14 ENFORCEMENT DIVISION SHALL CREATE AND OPERATE 15 A STATEWIDE SEXUAL ASSAULT KIT TRACKING 16 SYSTEM. 17 18 Whereas, the General Assembly recognizes the deep pain and 19 suffering experienced by victims of sexual assault. Sexual assault 20 is an extreme violation of a person’s body and sense of self and 21 safety. Sexual violence is a pervasive social problem. National 22 studies indicate that approximately one in four women will be 23 sexually assaulted in their lifetimes. Survivors often turn to 24 hospitals and local law enforcement for help, and many volunteer 25 to have professionals collect a sexual assault kit to preserve 26 physical evidence from their bodies. The process of collecting a 27 sexual assault kit is extremely invasive and difficult; and 28 29 Whereas, the General Assembly finds that, when forensic analysis 30 is completed, the biological evidence contained inside sexual 31 assault kits can be an incredibly powerful tool for law enforcement 32 to solve and prevent crime. Forensic analysis of all sexual assault 33 kits sends a message to survivors that they matter. It sends a 34 message to perpetrators that they will be held accountable for their 35 crimes. The General Assembly is committed to bringing healing 36 and justice to survivors of sexual assault; and 37 38 Whereas, the General Assembly recognizes the laudable and 39 successful efforts of law enforcement in the utilization of forensic 40 analysis of sexual assault kits in the investigation and prosecution 41 of crimes in South Carolina. The General Assembly intends to 42 continue building on its efforts through the establishment of the

[3461] 2 1 statewide sexual assault kit tracking system. The system will be 2 designed to track all sexual assault kits in this State, regardless of 3 when they were collected, in order to further empower survivors 4 with information, assist law enforcement with investigations and 5 crime prevention, and create transparency and foster public trust. 6 Now, therefore, 7 8 Be it enacted by the General Assembly of the State of South 9 Carolina: 10 11 SECTION 1. Chapter 3, Title 23 of the 1976 Code is amended by 12 adding: 13 14 “Article 15 15 16 Statewide Sexual Assault Kit Tracking System 17 18 Section 2331300. (A) The State Law Enforcement Division 19 (SLED) shall create and operate a statewide sexual assault kit 20 tracking system. SLED may contract with state or nonstate entities 21 including, but not limited to, private software and technology 22 providers, for the creation, operation, and maintenance of the 23 system. 24 (B) The statewide sexual assault kit tracking system must: 25 (1) track the location and status of sexual assault kits 26 throughout the criminal justice process, including the initial 27 collection in examinations performed at medical facilities, receipt 28 and storage at law enforcement agencies, receipt and analysis at 29 forensic laboratories, and storage and any destruction after 30 completion of analysis; 31 (2) allow medical facilities performing sexual assault 32 forensic examinations, law enforcement agencies, prosecutors, and 33 other entities in the custody of sexual assault kits to update and 34 track the status and location of sexual assault kits; 35 (3) allow victims of sexual assault to anonymously track or 36 receive updates regarding the status of their sexual assault kits; and 37 (4) use electronic technology or technologies allowing 38 continuous access. 39 (C) SLED may use a phased implementation process in order to 40 launch the system and facilitate entry and use of the system for 41 required participants. SLED may phasein initial participation 42 according to region, volume, or other appropriate classifications. 43 All entities in the custody of sexual assault kits shall participate

[3461] 3 1 fully in the system no later than June 1, 2019. SLED shall submit a 2 report on the current status and plan for launching the system, 3 including the plan for phased implementation, to the House and 4 Senate Judiciary committees and the Governor by January 1, 2018. 5 (D) SLED shall submit a semiannual report on the statewide 6 sexual assault kit tracking system to the House and Senate 7 Judiciary committees and the Governor. SLED may publish the 8 current report on its website. The first report is due July 31, 2019, 9 and subsequent reports are due January thirtyfirst and July 10 thirtyfirst of each year. The report must include the: 11 (1) total number of sexual assault kits in the system 12 statewide and by jurisdiction; 13 (2) total and semiannual number of sexual assault kits where 14 forensic analysis has been completed statewide and by jurisdiction; 15 (3) number of sexual assault kits added to the system in the 16 reporting period statewide and by jurisdiction; 17 (4) total and semiannual number of sexual assault kits where 18 forensic analysis has been requested but not completed statewide 19 and by jurisdiction; 20 (5) average and median length of time for sexual assault kits 21 to be submitted for forensic analysis after being added to the 22 system, including separate sets of data for all sexual assault kits in 23 the system statewide and by jurisdiction and for sexual assault kits 24 added to the system in the reporting period statewide and by 25 jurisdiction; 26 (6) average and median length of time for forensic analysis 27 to be completed on sexual assault kits after being submitted for 28 analysis, including separate sets of data for all sexual assault kits in 29 the system statewide and by jurisdiction and for sexual assault kits 30 added to the system in the reporting period statewide and by 31 jurisdiction; 32 (7) total and semiannual number of sexual assault kits 33 destroyed or removed from the system statewide and by 34 jurisdiction; 35 (8) total number of sexual assault kits, statewide and by 36 jurisdiction, where forensic analysis has not been completed and 37 six months or more have passed since those sexual assault kits 38 were added to the system; and 39 (9) total number of sexual assault kits, statewide and by 40 jurisdiction, where forensic analysis has not been completed and 41 one year or more has passed since those sexual assault kits were 42 added to the system.

[3461] 4 1 (E) For the purpose of reports under subsection (D), a sexual 2 assault kit must be assigned to the jurisdiction associated with the 3 law enforcement agency anticipated to receive the sexual assault 4 kit or otherwise in the custody of the sexual assault kit. 5 (F) A public agency or entity, including its officials and 6 employees, and any hospital and its employees providing services 7 to victims of sexual assault may not be held civilly liable for 8 damages arising from the release of information or the failure to 9 release information related to the statewide sexual assault kit 10 tracking system, so long as the release was without gross 11 negligence. 12 13 Section 2331310. Local law enforcement agencies shall 14 participate in the statewide sexual assault kit tracking system 15 established pursuant to this article for the purpose of tracking the 16 status of all sexual assault kits in the custody of local law 17 enforcement agencies and other entities contracting with local law 18 enforcement agencies. Local law enforcement agencies shall begin 19 full participation in the system according to the implementation 20 schedule established by SLED. 21 22 Section 2331320. A sheriff and his deputies shall participate in 23 the statewide sexual assault kit tracking system established 24 pursuant to this article for the purpose of tracking the status of all 25 sexual assault kits in the custody of his department and other 26 entities contracting with the department. A sheriff shall begin full 27 participation in the system according to the implementation 28 schedule established by SLED. 29 30 Section 2331330. SLED’s forensic services laboratory shall 31 participate in the statewide sexual assault kit tracking system for 32 the purpose of tracking the status of all sexual assault kits in 33 SLED’s custody and other entities contracting with SLED. 34 SLED’s forensic services laboratory shall begin full participation 35 in the system according to the implementation schedule established 36 by SLED.” 37 38 SECTION 2. This act takes effect upon approval by the 39 Governor. 40 XX 41

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