VA HB1158 | 2016 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 3-0)
Status: Introduced on January 13 2016 - 25% progression, died in chamber
Action: 2016-02-10 - Incorporated by Courts of Justice
Text: Latest bill text (Prefiled) [HTML]

Summary

Physical evidence recovery kits. Establishes a comprehensive procedure for the collection and analysis of physical evidence recovery kits for victims of sexual assault, including those who elect at the time of the exam not to report a sexual assault to a law-enforcement agency. Kits from victims who elect not to report are known as "anonymous physical evidence recovery kits" and will be stored at the Division of Consolidated Laboratory Services (the Division) for two years, although the Division, the victim, or the law-enforcement agency may elect for the kits to be retained for a longer period of time. If the victim later elects to report the sexual assault, the victim's kit will be released to law enforcement. Health care providers are required to explain these procedures and time frames to victims. Where the victim elects to report the offense to law enforcement at the time of the exam, law enforcement is required to take possession of the victim's kit forthwith upon notification from the health care provider that the kit has been collected and, with limited exceptions, to submit the kit to the Department of Forensic Science for analysis within 60 days. The bill outlines the exceptions to mandatory submission for analysis, time frames, and storage requirements for retention of analyzed samples; expungement of DNA samples obtained but not connected to a crime; and victims' notification rights.

Tracking Information

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Title

Physical evidence; procedure for collection, etc., of recovery kits.

Sponsors


History

DateChamberAction
2016-02-10HouseIncorporated by Courts of Justice
2016-02-08HouseSubcommittee recommends laying on the table by voice vote
2016-01-20HouseAssigned Courts sub: Criminal Law
2016-01-13HouseReferred to Committee for Courts of Justice
2016-01-13HousePresented and ordered printed 16102185D

Same As/Similar To

HB1160 (Similar To) 2016-04-04 - Governor: Acts of Assembly Chapter text (CHAP0698)

Code Citations

ChapterArticleSectionCitation TypeStatute Text
19211.11(n/a)See Bill Text
19211.5(n/a)See Bill Text

Virginia State Sources


Bill Comments

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