Section 10172.3 - 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: (1) Consult with PCAR and the Pennsylvania State Police to develop minimum standard requirements for all rape kits used in hospitals and health care facilities in this Commonwealth.(2) Test and approve commercially available rape kits for use in this Commonwealth.(3) Review the minimum standard requirements for rape kits and prior-approved rape kits every three years to assure that rape kits meet state-of-the-art minimum standards.(4) Consult with PCAR, the Pennsylvania State Police, the International Association of Forensic Nurses, the Hospital and Healthsystem Association of Pennsylvania and any local SART to establish a program to train hospital, child advocacy center and health care facility personnel in the correct use and application of rape kits in order to maximize the health and safety of the victim and the potential to collect useful admissible evidence to prosecute persons accused of sexual assault.(5) Approve, with concurrence from the Pennsylvania State Police and in consultation with PCAR, certain laboratories to receive sexual assault evidence for testing and analysis under subsection (c). The department shall establish guidelines on the criteria that a laboratory must meet to be approved under this paragraph within six months of the effective date of this paragraph. Laboratories which have been approved by the Federal Bureau of Investigation to access CODIS or an equivalent federally administered national DNA database shall be automatically approved to receive sexual assault evidence for testing and analysis under subsection (c).(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 health care facility under this paragraph, the department shall contact local law enforcement or the Pennsylvania State Police to take possession of the sexual assault evidence. (b)Duties of Pennsylvania State Police.-- (1) When requested by a local law enforcement agency, district attorneys or the Office of Attorney General, the Pennsylvania State Police shall ensure that the analysis and laboratory testing of collected evidence, including samples that may contain traces of a date rape drug, are accomplished. The cost of the testing or analysis shall not be the responsibility of the Pennsylvania State Police.(2) The Pennsylvania State Police shall include, as part of existing training programs for local law enforcement agencies, training to ensure that the chain of custody of all rape kits is established to minimize any risk of tampering with evidence included in the rape kit and to ensure that all useful and proper evidence in addition to the rape kit is collected at the hospital or health care facility.(c)Submission and analysis.--The following shall apply to all sexual assault evidence obtained by a health care facility, 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 the duration of the maximum applicable criminal statute of limitations, 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.(2) If a victim wishes to consent to the testing of the sexual assault evidence, the victim or a victim advocate acting at the victim's direction shall provide written notice to the local law enforcement agency and the district attorney of the jurisdiction where the reported sexual assault occurred.(3) Within 15 days of receiving written notice of consent to the testing of the sexual assault evidence, the local law enforcement agency shall submit the evidence awaiting testing to a laboratory approved by the department for testing or analysis. The district attorney, in consultation with the local law enforcement agency, shall establish policies and procedures to ensure that submission of the evidence occurs within 15 days of receiving notice of consent. Except for cases in which the local law enforcement agency and the laboratory are the same entity, each submission of evidence shall be accompanied by the following signed certification: This evidence is being submitted by (name of local law enforcement agency) in connection with a reported sexual assault and must be completed within six months of receipt.
(4) A laboratory shall complete the testing or analysis of all sexual assault evidence submitted pursuant to this section within six months from the date of receipt of the evidence. Backlogged evidence shall be reported as such by the laboratory to the department and to the local law enforcement agency that submitted the evidence.(5) The failure of a health care facility or local law enforcement agency to submit the sexual assault evidence in accordance with paragraph (1) or (3) shall not alter the authority of a local law enforcement agency to submit the evidence or the authority of a laboratory approved by the department to accept and analyze the evidence.(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 the duration of the maximum applicable criminal statute of limitations.(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.(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, the Pennsylvania State Police or the authority of a laboratory approved by the department to accept and analyze the evidence.(6) Failure to report injuries under 18 Pa.C.S. § 5106(a)(2) (relating to failure to report injuries by firearm or criminal act) shall not constitute an offense if anonymous submission is made under this subsection.(d) Inventory.-- (1) Within six months of the effective date of this subsection, each local law enforcement agency shall provide written notice to the department, in a form and manner prescribed by the department, stating the number of sexual assault cases under its jurisdiction before the effective date of this subsection for which evidence has not been submitted to a laboratory for analysis. A local law enforcement agency shall make arrangements with the department to ensure that all evidence awaiting testing that was collected prior to the effective date of this subsection is submitted to an approved laboratory for testing and analysis within one year of the submission of notice to the department. A laboratory shall complete the testing or analysis of the evidence as soon as possible, but no later than three years from the date of submission of the evidence to the laboratory.(2) Within six months of the effective date of this subsection, each testing laboratory shall provide written notice to the department, in a form and manner prescribed by the department, stating the number of sexual assault cases under its jurisdiction before the effective date of this subsection for which evidence has not been analyzed.(e) Backlogged evidence.-- (1) Each laboratory and local law enforcement agency must annually report backlogged evidence data in their possession to the department no later than January 31.(2) The department shall obtain backlogged evidence data from a laboratory or local law enforcement agency if the laboratory or local law enforcement agency fails to report its backlogged evidence as required by paragraph (1).(3) Provided backlogged evidence data exists, the department shall compile all of the data into a report. The report shall be posted on the department's publicly accessible Internet website by April 30 of each year. The report shall also be issued to the General Assembly by April 30 of each year.Amended by P.L. TBD 2022 No. 70, § 1, eff. 9/9/2022.Amended by P.L. TBD 2019 No. 29, § 1, eff. 8/27/2019.Amended by P.L. TBD 2018 No. 164, § 1, eff. 12/24/2018.Amended by P.L. TBD 2015 No. 27, § 3, eff. 9/8/2015.2006, Nov. 29, P.L. 1471, No. 165, § 3, effective in 60 days [Jan. 29, 2007].