SB-0998, As Passed Senate, September 23, 2014

SUBSTITUTE FOR

SENATE BILL NO. 998

A bill to create the sexual assault evidence kit tracking and

reporting act; to require the tracking and reporting of sexual

assault evidence kit information; to create the sexual assault

evidence kit tracking and reporting commission; to prescribe the

powers and duties of the sexual assault evidence kit tracking and

reporting commission; to create a database of information to track

and report sexual assault evidence kit information; to make

appropriations for various state departments and agencies for the

fiscal year ending September 30, 2015, and every subsequent fiscal

year, and to provide for the expenditure of the appropriations; and

to prescribe the powers and duties of certain state departments and

officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. As used in this act:

(a) "Commission" means the sexual assault evidence kit

tracking and reporting commission created in section 2.

(b) "Michigan domestic and sexual violence prevention and

treatment board" means the Michigan domestic and sexual violence

prevention and treatment board created under EO 2012-17.

in section 21527 of the public health code, 1978 PA 368, MCL

333.21527.

Sec. 2. (1) The sexual assault evidence kit tracking and

reporting commission is created within the Michigan domestic and

sexual violence prevention and treatment board. The commission

shall consist of the following members:

(a) The director of the department of state police or his or

her designated representative from within the department of state

police.

(b) The attorney general or his or her designated

representative from within the department of the attorney general.

Michigan or his or her representative.

(d) The president of the Michigan association of chiefs of

police or his or her representative.

(e) The president of the Michigan sheriff's association or his

or her representative.

(f) The executive director of the Michigan domestic and sexual

violence prevention and treatment board or his or her

representative.

(g) The executive director of the Michigan coalition to end

domestic and sexual violence or his or her representative.

(h) The president of the Michigan health and hospital

association or his or her representative.

(i) A representative appointed by the governor from the

executive office of the governor.

(j) The president of the Michigan chapter of the international

association of forensic nurses or his or her representative.

(k) The chairperson of the Michigan crime victim services

commission described in section 2 of 1976 PA 223, MCL 18.352, or

his or her representative.

(l) One individual appointed by the senate majority leader who

is a state senator from the majority party within the state senate.

(m) One individual appointed by the senate minority leader who

is a state senator from the minority party within the state senate.

(n) One individual appointed by the speaker of the house of

representatives who is a state representative from the majority

party within the state house of representatives.

(o) One individual appointed by the minority leader of the

house of representatives who is a state representative from the

minority party within the state house of representatives.

(2) The members first appointed to the commission under

subsection (1)(i) and (l) to (o) shall be appointed within 90 days

after the effective date of this act.

(3) If a vacancy occurs on the commission, the appropriate

entity shall make an appointment in the same manner as the original

appointment.

(4) The first meeting of the commission shall be called by the

director of the department of state police or his or her designated

representative or the executive director of the Michigan domestic

and sexual violence prevention and treatment board no later than 30

days after all of the initial members of the commission have been

appointed under subsection (1)(i) and (l) to (o). At the first

meeting, the commission shall elect from among its members a

chairperson and other officers as it considers necessary or

appropriate. After the first meeting, the commission shall meet at

least quarterly, or more frequently at the call of the chairperson

or if requested by 7 or more members until the requirements of

subsection (8) are met. After the requirements of subsection (8)

are met, the commission shall meet as often as required to carry

out the requirements of subsection (11).

(5) A majority of the members of the commission constitute a

quorum for the transaction of business at a meeting of the

commission. A majority of the members present and serving are

required for official action of the commission.

(6) The business that the commission may perform shall be

conducted at a public meeting of the commission held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(7) A writing prepared, owned, used, in the possession of, or

retained by the commission in the performance of an official

function is subject to the freedom of information act, 1976 PA 442,

MCL 15.231 to 15.246.

(8) The commission shall do all of the following no later than

365 days after its initial meeting:

(a) Develop guidelines and a plan to implement a uniform

statewide system to track the location, lab submission status,

completion of forensic testing, and storage of sexual assault

evidence kits. However, access to any information collected through

the statewide system created under this act of unreleased or unused

sexual assault evidence kits shall only be disclosed to specific

entities selected and identified by the commission that will use

the information only for policy or training purposes and to sexual

assault victims or their designees as described in subdivision (c).

Information collected from an unreleased sexual assault evidence

kit shall not contain any information identifying the victim to

whom the kit is associated.

(b) Develop guidelines and a plan to implement a uniform

system to audit the proper submission of sexual assault evidence

kits as mandated in the sexual assault kit evidence submission act,

2014 PA 227, MCL 752.931 to 752.935.

electronic access that allows a victim, or his or her designee, to

access or receive information about the location, lab submission

status, and storage of sexual assault evidence that was gathered

from him or her, provided that the disclosure does not impede or

compromise an ongoing investigation.

(d) Develop guidelines and a plan to implement a uniform

system to audit untested sexual assault evidence kits that have

been released by the victim and were collected 30 days before the

effective date of the sexual assault kit evidence submission act,

2014 PA 227, MCL 752.931 to 752.935.

(e) Develop guidelines and a plan to safeguard confidentiality

of the information and limited disclosure.

(f) Recommend sources of public and private funding to

implement the plans developed under this subsection.

(g) Recommend any changes to law or policy needed to support

implementation of the plans developed under this subsection.

(h) Submit a report on the plans developed under this

subsection to all of the following:

(i) The standing committees of the senate and house of

representatives with jurisdiction over issues pertaining to the

prosecution of criminal sexual conduct.

(ii) The senate and house of representatives appropriations

subcommittees on the departments of state police and the attorney

general.

(iii) The senate and house fiscal agencies.

(9) Subject to appropriation of sufficient funding, the

commission shall oversee implementation of the plans developed

under subsection (8).

(10) There is appropriated $25,000.00 for the department of

human services for the fiscal year ending September 30, 2015 and

each fiscal year after that. The funds appropriated under this

subsection shall be used only to implement and carry out the

purposes of this act.

(11) The commission shall be abolished as follows:

(a) If funds are not appropriated to implement the plan

developed under subsection (8), the commission shall be abolished 2