Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 119 (2018GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the definition of restricted kit;
• clarifies that only medical personnel who collect kit information may classify a kit as restricted; and
• makes technical corrections.

Every vote on this bill

Bill text

SEXUAL ASSAULT KIT PROCESSING ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill makes changes to the Sexual Assault Kit Processing Act regarding restricted
kits.
Highlighted Provisions:
This bill:
▸ modifies the definition of restricted kit;
▸ clarifies that only medical personnel who collect kit information may classify a kit
as restricted; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-602
, as enacted by Laws of Utah 2017, Chapter 249
76-5-603
, as enacted by Laws of Utah 2017, Chapter 249
76-5-604
, as enacted by Laws of Utah 2017, Chapter 249
76-5-608
, as enacted by Laws of Utah 2017, Chapter 249
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-602
 is amended to read:
76-5-602.
Definitions.
For purposes of this part:
(1) "Collecting facility" means a hospital, health care facility, or other facility that
performs sexual assault examinations.
(2) "Department" means the Department of Public Safety.
[
(4)
] 
(3)
 "Restricted kit" means a sexual assault kit:
(a) that is collected by a collecting facility; and
(b) for which a victim who is 18 years of age or older [
chooses not to provide a
personal statement about the sexual assault to law enforcement, as provided in Subsection
76-5-606
(1)(d).
] 
at the time of the sexual assault kit evidence collection declines:
(i) to have his or her sexual assault kit processed; and
(ii) to have the sexual assault examination form shared with any entity outside of the
collection facility.
[
(5)
] 
(4)
 "Sexual assault kit" means a package of items that is used by medical
personnel to gather and preserve biological and physical evidence following an allegation of
sexual assault.
[
(3)
] 
(5)
 "[
Evidence-based, trauma-informed
] 
Trauma-informed
, victim-centered"
means policies, procedures, programs, and practices that:
(a) have demonstrated an ability to minimize retraumatization associated with the
criminal justice process by recognizing the presence of trauma symptoms and acknowledging
the role that trauma has played in the life of a victim of sexual assault or sexual abuse; and
(b) encourage law enforcement officers to interact with victims of sexual assault or
sexual abuse with compassion and sensitivity in a nonjudgmental manner.
Section 2. Section 
76-5-603
 is amended to read:
76-5-603.
All sexual assault kits to be submitted.
(1) Except as provided in Subsection 
76-5-604
[
(4)
]
(5)
, beginning July 1, 2018, all
sexual assault kits received by law enforcement agencies shall be submitted to the Utah Bureau
of Forensic Services in accordance with the provisions of this part.
(2) The Utah Bureau of Forensic Services shall test all sexual assault kits that the
bureau receives with the goal of developing autosomal DNA profiles that are eligible for entry
into the Combined DNA Index System.
(3) (a) The testing of all sexual assault kits shall be completed within a specified
amount of time, as determined by administrative rule consistent with the provisions of this part.
(b) The ability of the Utah Bureau of Forensic Services to meet the established time
frames may be dependent upon the following factors:
(i) the number of sexual assault kits that the Utah Bureau of Forensic Services
receives;
(ii) the technology available and improved testing methods;
(iii) fully trained and dedicated staff to meet the full workload needs of the Utah
Bureau of Forensic Services; and
(iv) the number of lab requests received relating to other crime categories.
Section 3. Section 
76-5-604
 is amended to read:
76-5-604.
Sexual assault kit processing -- Restricted kits.
(1) [
The
] 
Unless the health care provider designates a sexual assault kit as a restricted
kit, the
 collecting facility shall enter the required victim information into the statewide sexual
assault kit tracking system, defined in Section 
76-5-607
, within 24 hours of performing a
sexual assault examination.
(2) A restricted kit may only be designated as a restricted kit:
(a) by a health care provider; and
(b) at the time of collection.
[
(2)
] 
(3)
 Each sexual assault kit collected by medical personnel shall be taken into
custody by a law enforcement agency as soon as possible and within one business day of notice
from the collecting facility.
[
(3)
] 
(4)
 The law enforcement agency that receives a sexual assault kit shall enter the
required information into the statewide sexual assault kit tracking system, provided in Section
76-5-607
, within five business days of receiving a sexual assault kit from a collecting facility.
[
(4)
] 
(5)
 Each sexual assault kit received by a law enforcement agency from a
collecting facility that relates to an incident that occurred outside of the jurisdiction of the law
enforcement agency shall be transferred to the law enforcement agency with jurisdiction over
the incident within 10 days of learning that another law enforcement agency has jurisdiction.
[
(5)
] 
(6)
 (a) Except for restricted kits, each sexual assault kit shall be submitted to the
Utah Bureau of Forensic Services as soon as possible, but no later than 30 days after receipt by
a law enforcement agency.
(b) Restricted kits may not be submitted to the Utah Bureau of Forensic Services.
(c) Restricted kits shall be maintained by the law enforcement agency with jurisdiction,
in accordance with the provisions of this part.
(d) [
If
] 
A restricted kit may be changed to an unrestricted kit if the victim informs the
designated law enforcement agency that he or she wants to have the sexual assault kit
processed and agrees to release of the sexual assault examination form with the sexual assault
kit. Once
 a victim [
chooses to provide a personal statement about the sexual assault or sexual
abuse to law enforcement at any time after declining to provide a statement
] 
indicates that he or
she wants the sexual assault kit processed
:
(i) the [
restricted
] kit [
shall
] 
may
 no longer be classified as restricted; and
(ii) the [
sexual assault
] kit shall be transmitted to the Utah Bureau of Forensic Services
as soon as possible, but no later than 30 days after the victim chooses to [
provide a statement to
law enforcement
] 
unrestrict his or her kit with law enforcement
.
[
(6)
] 
(7)
 If available, a suspect standard or a consensual partner elimination standard
shall be submitted to the Utah Bureau of Forensic Services:
(a) with the sexual assault kit, if available, at the time the sexual assault kit is
submitted; or
(b) as soon as possible, but no later than 30 days from the date the kit was obtained by
the law enforcement agency, if not obtained until after the sexual assault kit is submitted.
[
(7)
] 
(8)
 Failure to meet a deadline established in this part or as part of any rules
established by the department is not a basis for dismissal of a criminal action or a bar to the
admissibility of the evidence in a criminal action.
Section 4. Section 
76-5-608
 is amended to read:
76-5-608.
Law enforcement -- Training -- Sexual assault and sexual abuse.
(1) The department and the Utah Prosecution Council shall develop training in
trauma-informed responses and investigations of sexual assault and sexual abuse, which
include, but are not limited to, the following:
(a) recognizing the symptoms of trauma;
(b) understanding the impact of trauma on a victim;
(c) responding to the needs and concerns of a victim of sexual assault or sexual abuse;
(d) delivering services to victims of sexual assault or sexual abuse in a compassionate,
sensitive, and nonjudgmental manner;
(e) understanding cultural perceptions and common myths of sexual assault and sexual
abuse; and
(f) techniques of writing reports in accordance with Subsection (5).
(2) (a) The department and the Utah Prosecution Council shall offer the training in
Subsection (1) to all certified law enforcement officers in the state of Utah by July 1, 2018.
(b) The training for all law enforcement officers may be offered through an online
course, developed by the department and the Utah Prosecution Council.
(3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards
and Training division to all persons seeking certification as a peace officer, beginning July 1,
2018.
(4) (a) The department and the Utah Prosecution Council shall develop and offer an
advanced training course by July 1, 2018, for officers who investigate cases of sexual assault or
sexual abuse.
(b) The advanced training course shall include:
(i) all criteria listed in Subsection (1); and
(ii) interviewing techniques in accordance with the curriculum standards in Subsection
(5).
(5) The department shall consult with the Utah Prosecution Council to develop the
specific training requirements of this section, including [
evidence-based
] curriculum standards
for report writing and response to sexual assault and sexual abuse, including trauma-informed
and victim-centered interview techniques, which have been demonstrated to minimize
retraumatizing victims.