Section 12-12-407 - Audit of untested sexual assault collection kits and unsubmitted anonymous kits - Definitions(a) As used in this section: (1) "Unsubmitted anonymous kit" means an anonymous kit that has not been taken into custody by a law enforcement agency and submitted to the State Crime Laboratory; and(2) "Untested sexual assault collection kit" means a sexual assault collection kit that has not been submitted to the State Crime Laboratory or a similar qualified laboratory for either a serology or DNA test.(b)(1) The State Crime Laboratory shall develop a:(A) Sexual assault evidence inventory audit document for a law enforcement agency; and(B) Sexual assault evidence inventory audit document for a licensed healthcare provider.(2)(A) The sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider shall be reviewed and updated periodically.(B) The updated sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider may be set forth in rules promulgated by the State Crime Laboratory under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.(c) Before December 31 of each year, a law enforcement agency that maintains, stores, or preserves sexual assault evidence shall conduct an audit of all untested sexual assault collection kits, unsubmitted anonymous kits, and any associated evidence being stored by the law enforcement agency and report the information to the State Crime Laboratory, using the sexual assault evidence inventory audit document for a law enforcement agency.(d) Before December 31 of each year, each licensed healthcare provider charged with performing medical-legal examinations shall conduct an audit of all untested sexual assault collection kits and unsubmitted anonymous kits being stored by the licensed healthcare provider and report the information to the State Crime Laboratory, using the sexual assault evidence inventory audit document for a licensed healthcare provider.(e) The State Crime Laboratory may communicate with a licensed healthcare provider or a law enforcement agency for the purpose of coordinating testing and other appropriate handling of sexual assault collection kits and anonymous kits.(f) Except as set forth in subsection (g) of this section, information reported to the State Crime Laboratory under this section, as well as information compiled or accumulated by a licensed healthcare provider or law enforcement agency for the purpose of audits required by this section, is confidential and not subject to discovery under the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq.(g)(1) On or before each February 1, the State Crime Laboratory shall prepare and transmit to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Senate Committee on Public Health, Welfare, and Labor, the House Committee on Public Health, Welfare, and Labor, and the Attorney General a report containing:(A) A compilation of the data submitted by law enforcement agencies and licensed healthcare providers under this section, with the data reported in the aggregate; and(B) A plan to address any backlog of untested sexual assault collection kits and unsubmitted anonymous kits.(2) The report submitted under subdivision (g)(1) of this section shall be presented to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor, meeting jointly.(h) This section does not remove confidentiality protection for an alleged victim of a sexual assault or other sex crime otherwise provided under Arkansas or federal laws, rules, or regulations.(i) A medical-legal examination continues to be subject to § 12-12-402 and other applicable law.Added by Act 2023, No. 558,§ 4, eff. 8/1/2023.