April 22, 2014, Introduced by Senators JOHNSON, ANDERSON, BIEDA, JONES, YOUNG, NOFS, HOPGOOD, GREGORY, WHITMER, HUNTER, WARREN, HUNE, KOWALL, EMMONS, ROCCA, HOOD, PROOS, ANANICH, COLBECK, SMITH and HILDENBRAND and referred to the Committee on Judiciary.
A bill to create the sexual assault kit evidence submission
act; to provide for the collection of sexual assault kit evidence;
to prescribe the powers and duties of certain state and local
government departments and agencies; to establish certain
procedures regarding the collection, handling, and disposition of
sexual assault kit evidence; and to prohibit the exclusion of
sexual assault kit evidence under certain circumstances.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"sexual assault kit evidence submission act".
Sec. 2. As used in this act:
(a) "Department" means the department of state police,
including its forensic science division.
(b) "Health care facility" includes a hospital, clinic, or
urgent care center that is regulated under the public health code,
1978 PA 368, MCL 333.1101 to 333.25211, and any other facility that
is authorized to provide sexual assault medical forensic exams
under that act.
(c) "Law enforcement agency" means the local, county, or state
law enforcement agency with the primary responsibility for
investigating an alleged sexual assault offense case and includes
the employees of that agency.
(d) "Sexual assault kit evidence" means evidence collected
from the administration of a sexual assault evidence kit under
section 21527 of the public health code, 1978 PA 368, MCL
(e) "Sexual assault evidence kit" means that term as defined
in section 21527 of the public health code, 1978 PA 368, MCL
(f) "Sexual assault offense" means a violation or attempted
violation of sections 520b to 520g of the Michigan penal code, 1931
PA 328, MCL 750.520b to 750.520g.
(g) "Victim" means, for the purposes of making communications
and receiving notices under this act, an individual who was
subjected to a sexual assault offense.
Sec. 3. (1) Sexual assault kit evidence shall not be released
to a law enforcement agency by a health care facility without the
written consent of the sexual assault victim. In the case of a
minor or of a person with a legally appointed guardian, the person
who is authorized by law or court order to consent to the
administration of a sexual assault evidence kit is also authorized
to consent to the release of the sexual assault kit evidence to a
law enforcement agency under this section.
(2) A health care facility that has obtained written consent
to release the sexual assault kit evidence shall notify the head of
the investigating law enforcement agency if known, or the head of
the law enforcement agency having jurisdiction in that portion of
the local unit of government in which the medical facility is
located of that fact.
(3) A health care facility that has not obtained written
consent to release any sexual assault kit evidence shall inform the
individual from whom sexual assault kit evidence was obtained of
its sexual assault kit evidence storage policy. The information
provided under this subsection shall include a statement of the
period for which that evidence will be stored before it is
destroyed and how the individual can have the evidence released to
the investigating law enforcement agency at a later date. Any
sexual assault kit evidence that is not released to a law
enforcement agency under this section shall be stored for a minimum
of 1 year before it is destroyed.
Sec. 4. (1) A law enforcement agency that receives notice
under section 3 that sexual assault kit evidence has been released
to that law enforcement agency shall take possession of the sexual
assault kit evidence from the health care facility within 14 days
after receiving that notice.
(2) If a law enforcement agency described in subsection (1)
determines that the alleged sexual assault occurred within the
jurisdiction of another law enforcement agency and that it does not
otherwise have jurisdiction over that assault, that law enforcement
agency shall notify the other law enforcement agency of that fact
within 14 days after receiving the kit from the health care
facility that collected the sexual assault kit evidence.
(3) A law enforcement agency that receives notice under
subsection (2) shall take possession of the sexual assault kit
evidence from the other law enforcement agency within 14 days after
receiving that notice.
(4) The investigating law enforcement agency that takes
possession of any sexual assault kit evidence shall assign a
criminal complaint number to that evidence in the manner required
by that agency and shall submit that evidence to the department or
to a laboratory approved and designated by the department for
analysis within 14 days after that law enforcement agency takes
possession of that evidence under this section. Sexual assault kit
evidence that was received by a law enforcement agency within 30
days before the effective date of this act shall also be submitted
to the department as provided in this section.
(5) Each submission of sexual assault kit evidence for
analysis under this act shall be accompanied by the criminal
complaint number required under subsection (4).
(6) All sexual assault kit evidence submitted to the
department on or after the effective date of this act shall be
analyzed within 3 months after all of the necessary evidence is
received by the department according to standards established by
the department or by a laboratory designated by the department
provided that sufficient staffing and resources are available to do
(7) The DNA profiles of all sexual assault kit evidence
analyzed under this section on or after the effective date of this
act that are eligible for entry into state and national DNA
databases shall be uploaded only into those databases specified by
(8) The failure of a law enforcement agency to take possession
of sexual assault kit evidence as provided in this act or to submit
that evidence to the department within the time prescribed under
this act does not alter the authority of the law enforcement agency
to take possession of that evidence or to submit that evidence to
the department under this act and does not alter the authority of
the department or its designated laboratory to accept and analyze
the evidence or to upload the DNA profile obtained from that
evidence into state and national DNA databases under this act.
(9) The failure to comply with the requirements of this act
does not constitute grounds in any criminal proceeding for
challenging the validity of a database match or of any database
information, and any evidence of that DNA record shall not be
excluded by a court on those grounds.
(10) A person accused or convicted of committing a crime
against the victim has no standing to object to any failure to
comply with the requirements of this act, and the failure to comply
with the requirements of this act is not grounds for setting aside
the conviction or sentence.
Sec. 5. If a law enforcement agency intends to destroy or
otherwise dispose of any sexual assault kit evidence in a sexual
assault offense case before the expiration for the limitation
period applicable under section 24 of chapter VII of the code of
criminal procedure, 1927 PA 175, MCL 767.24, the law enforcement
agency with the primary responsibility for investigating the case
shall notify the victim of that intention in writing at least 60
days before the evidence is destroyed or otherwise disposed of.