COUNCIL OF THE DISTRICT OF COLUMBIA
THE JOHN A. WILSON BUILDING
1350 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 2 0004
Charles Allen Committee Member
Councilmember, Ward 6 Business and Economic Development
Chairperson Health
Committee on Transportation and the Environment The Judiciary & Public Safety
June 26, 2023
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington, D.C. 20004
Today, along with Councilmembers Nadeau, Bonds, Frumin, Gray, Henderson, Lewis George,
Parker, Pinto, Robert White, and Trayon White, I am introducing the "Ensuring Safe Forensic
Evidence Handling for Sexual Assault Survivors Amendment Act of 2023" . Please find enclosed
a signed copy of the legislation . This legislation builds on the success of the Sexual Assault Victims'
Rights Amendment Act of 2014 ("SAVRAA 1.0" ) and the Sexual Assault Victims' Rights
Amendment Act of 2019 (" SAVRAA 2.0"), the latter of which I passed as Chair of the Committee
on the Judiciary and Public Safety, to further modernize the District's sexual assault response
continuum of care.
As background, current law requires that the Metropolitan Police Department (" MPD") retrieve
any physical evidence recovery kits (" PERKs") - colloquially known as "rape kits" - and deliver
them to the Department of Forensic Sciences (" DFS") within 7 days after a crime has been
reported. 1 Generally, DFS must then test the PERK within 90 days . However, current law does not
require that DFS retrieve, receive, or store PERKs administered to victims who have not yet
reported the crime to law enforcement - sometimes referred to as "anonymous kits ." Instead,
these anonymous kits are preserved on an ad hoc basis by the D.C. Forensic Nurse Examiners
("DCFNE"), regional hospitals, or another jurisdiction, and retention periods and storage
conditions differ.
While it is commendab le that these entities have devised their own systems for storing
anonymous kits, preserving evidence for use in a criminal prosecution is a function better served
by District agencies. Furthermore, if a survivor presents at a Maryland hospital today for a sexual
assault committed in the District, Maryland law enforcement agencies would store the PERK until
a crime has been reported to MPD, and then there is no mandate that MPD retrieve the PERK
until a report is filed. This arrangement is also problematic because it places the burden for
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PERKs are " used to collect and preserve physica l evidence rela t ed to a sexual assa ult o r all eged sexual assault. "
D.C. Official Cod e § 4-561 .01(10) . PER Ks are j ust on e component of med ica l fo ren sic ca re.
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preserving the anonymous kit on Maryland, despite the fact that the crime was committed in the
District and would, therefore, be investigated by MPD and prosecuted by the U.S. Attorney's
Office for the District of Columbia. We also know that many sexual assault survivors come
forward years after the attack, and consistent evidence preservation protocols better ensure that
they can still move forward with their cases if they choose - and that any resulting prosecutions
hold offenders accountable.
To address these issues, the legislation requires that DFS, in collaboration with the D.C. Sexual
Assault Nurse Examiners Program, develop and implement a protocol for receiving and storing
anonymous kits, including processes for being notified that an anonymous kit is available,
receiving anonymous kits through the mail or by hand delivery, documenting the chain of
custody, and preserving the anonymity of the survivor. The bill also expands reporting
requirements placed on DFS and the SAVRAA Independent Expert Consultant to include
information related to DFS' storage of anonymous kits. Furthermore, the bill provides a new
definition of "medical forensic care" to refer more broadly to the medical services provided to
victims of crime, of which the administration of PERKs is just one component. Finally, the bill
clarifies that domestic violence counselors, human trafficking counselors, and sexual assault
counselors' duty to report crimes is limited to certain cases involving minor victims.
Survivors of sexual assault must have the autonomy to decide, on their own terms, if and when
their case enters the criminal justice system. And for the survivors who ultimately decide to
report the crime to law enforcement, District law must ensure that forensic evidence is collected
and preserved in a manner that aids the apprehension, prosecution, and conviction of
perpetrators of sexual assault. This law will fill key gaps in the District's sexual assault continuum
of care and, ultimately, close sex offense cases where victims do report, by requiring a more
reliable system of retrieving and storing forensic evidence for victims who have not yet reported
the crime to law enforcement .
Sincerely,
Councilmember Charles Allen, Ward 6
Chairperson, Committee on Transportation & the Environment
Vice Chair, Metropolitan Washington Council of Governments
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Councilmember Brianne K. Nadeau
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Councilmember Charles Allen
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6 Councilmember Anita Bonds
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Councilmember M tthew Frumin
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18 Councilmember Brooke Pinto
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22 Councilmember Trayon White, Sr.
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27 A BILL
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32 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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37 To amend the Sexual Assault Victims' Rights Act of 2014 to clarify that the administration of
38 physical evidence recovery kits, strangulation assessments, and intimate partner violence
39 assessments are a form of medical forensic care, to establish requirements for the
40 Metropolitan Police Department to retrieve, and for the Department of Forensic Sciences
41 to store, the results of medical forensic care provided to sexual assault victims who have
42 not yet reported the crime to the Metropolitan Police Department, and to expand the
43 independent expert consultant and Department of Forensic Sciences' reporting
44 requirements; to amend Title 14 to clarify that the reporting requirements for domestic
45 violence counselors, human trafficking counselors, and sexual assault counselors only
46 apply to crimes involving minor victims; and to amend Title 23 to make confonning
47 changes.
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49 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
50 act may be cited as the "Ensuring Safe Forensic Evidence Handling for Sexual Assault Survivors
51 Amendment Act of 2023".
52 Sec. 2. The Sexual Assault Victims ' Rights Act of 2014, effective November 20, 2014
53 (D.C . Law 20-139; D.C. Official Code§ 4-561.01 et seq.), is amended as follows :
54 (a) Section 201 (D.C. Official Code§ 4- 561.01) is amended by adding a new paragraph
55 (7 A) to read as follows:
56 "(7 A) "Medical forensic care" means care, provided to a patient who reports or is
57 believed to be a victim of crime, conducted by a health care provider with specialized education
58 and clinical experience in the collection of forensic evidence and treatment of such patients,
59 including:
60 "(A) Gathering information from the patient for a medical forensic history;
61 "(B) Conducting an examination, including the administration of a sexual
62 assault nurse exam, sexual assault forensic exam, PERK, strangulation assessment, or intimate
63 partner violence assessment;
64 "(C) Coordinating treatment of injuries, documentation of biological and
65 physical findings, and collection of evidence from the patient;
66 "(D) Documenting findings;
67 "(E) Providing info1mation, treatment, and referrals for sexually transmitted
68 infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical
69 concerns; and
70 "(F) Providing follow-up, as needed, for additional healing, treatment, or
71 collection of evidence.".
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72 (b) Section 202 (D.C. Official Code§ 4- 561.02) is amended as follows:
73 (1) The lead-in language of subsection (a) is amended to read as follows:
74 "(a) Within 7 days after a sexual assault victim makes a report to the MPD, MPD shall
75 retrieve the results of any medical forensic care not already in DFS 's custody and deliver:".
76 (2) Subsection (b )(1) is amended by striking the phrase "a PERK is" and inserting
77 the phrase "a PERK for a sexual assault victim who has reported to the MPD is" in its place.
78 (3) New subsections (d) and (e) are added to read as follows:
79 "(d) By January 1, 2025, DFS shall, in coordination with the DC SANE program, develop
80 and implement a protocol for storing the results of medical forensic care for sexual assault victims
81 who have not reported the crime to the MPD, including processes for:
82 "( 1) Law enforcement agencies, hospitals, and other entities to notify DFS about
83 the availability of results from medical forensic care;
84 "(2) DFS reh·ieving or receiving the result of the medical forensic care, including
85 by mail or through hand delivery;
86 "(3) DFS notifying sexual assault victims who have not reported the crime to the
87 MPD that the results of their medical forensic care are being retained by a District agency;
88 "(4) Documenting the chain of custody to preserve the evidentiary value of
89 materials collected during medical forensic care;
90 "(5) Preserving the anonymity of victims who have not reported the crime to law
91 enforcement; and
92 "( 6) Sexual assault victims to request the destruction of the results of any medical
93 forensic care, including a PERK.
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 94 "( e) By March 1, 2024, the Office of Victim Services and Justice Grants shall publish on
95 its website a summary of the protocol developed pursuant to subsection (d) of this section.
96 "(f) Beginning April 1, 2024, DFS shall store, in accordance with the protocol developed
97 pursuant to subsection (d) of this section and for the periods of time described in section 102 of
98 the Millicent Allewelt Amendment Act of 2004, effective July 15, 2004 (D.C. Law 15-174; D.C.
99 Official Code § 5-113 .32), the results of any medical forensic care conducted on behalf of a victim
100 who has not reported the crime to the MPD.".
101 (c) Section 203 (D.C. Official Code § 4- 561.03) is amended by striking the phrase "a
102 PERK, including" and inserting the phrase "medical forensic care, including" in its place.
103 (d) Section 205 (D.C. Official Code§ 4- 561.05) is amended as follows :
104 (1) Paragraph (6) is amended by striking the phrase "; and " and inserting a
105 semicolon in its place.
l 06 (2) Paragraph (7) is amended by striking the period and inserting the phrase "; and"
l 07 in its place.
l 08 (3) A new paragraph (8) is added to read as follows .
l 09 "(8) Within 180 days after the effective date of the Ensuring Safe Forensic Evidence
110 Handling for Sexual Assault Survivors Amendment Act of 2023, introduced on June 23, 2023 (Bill
111 25-__), audit all the results of medical forensic care in storage, including PERKs, to detennine
112 if:
113 "(A) All the results of medical care performed on a sexual assault victim
114 who reported a sexual assault to MPD have been delivered to the DFS for processing; and
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115 "(B) All the results of medical forensic care performed on a sexual assault
116 victim who has not reported a sexual assault to MPD have been stored in compliance with the
11 7 protocol developed pursuant to subsection (d) of this section.".
118 (e) Section 210 (D.C. Official Code § 4- 561.10) is amended as follows:
119 (1) Paragraph (1) is amended by striking the phrase "the MPD;" and inserting the
120 phrase "the MPD, including whether the PERK was associated with a reported crime, as described
121 in section 202(a) of the Sexual Assault Victims' Rights Act of 2014, effective November 20, 2014
122 (D.C . Law 20-139; D.C. Official Code§ 4-561.02(a)), or was retrieved from another jurisdiction
123 under the process developed pursuant to section 202(d) of the Sexual Assault Victims' Rights Act
124 of 2014, effective November 20, 2014 (D.C. Law 20-139; D.C. Official Code§ 4-561.02(d)).".
125 (2) Paragraph (7) is amended by striking the phrase "; and" and inserting a
126 semicolon in its place.
127 (3) Paragraph (8) is amended by striking the period and inserting the phrase"; and"
128 in its place.
129 (4) A new paragraph (9) is added to read as follows:
130 "(9) The number of PERKs that are currently stored by DFS pursuant to the process
131 developed pursuant to section 202( d) of the Sexual Assault Victims' Rights Act of 2014, effective
132 November 20, 2014 (D.C. Law 20-139; D.C. Official Code§ 4-561.02(d)).".
133 (f) Section 212(h)(2) (D.C. Official Code § 4-561.12(h)(2)) is amended by striking the
134 phrase "victim-centered, the procedure" and inserting the phrase "victim-centered, medical
135 forensic care, including the procedure" in its place.
136 Sec. 3. Chapter 3 of Title 14 of the District of Columbia Official Code is amended as
137 follows:
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138 (a) Section 14-310(b)(4) is amended to read as follows:
139 "(4)(A) Notwithstanding any other law, domestic violence counselors shall report
140 to the Metropolitan Police Department or the Child and Family Services Agency any crime
141 disclosed in a confidential communication if the domestic violence counselor has actual
142 knowledge that the crime disclosed to the domestic violence counselor places the child in
143 immediate danger of the circumstances described in section 2(b )(1 )(A), 2(b )(1 )(C), or 2(b )(1 )(D)
144 of An Act to provide for the mandatory reporting by physicians and institutions in the District of
145 Columbia of certain physical abuse of children, approved November 6, 1966 (80 Stat. 1354; D.C.
146 Official Code § 4- 1321.01 et seq.), and involves:
147 " (i) A victim under the age of 13 ;
148 "(ii) A perpetrator or alleged perpetrator with whom a victim under
149 18 years of age has a significant relationship, as that te1m is defined in § 22-3001 (1 O); or
150 " (iii) A perpetrator or alleged perpetrator who is more than 4 years
151 older than a victim who is under 18 years of age.
152 " (B) Any disclosure made pursuant to subparagraph (A) of this subsection
153 shall be narrowly tailored to only include information regarding the immediate danger to the victim
154 because of the circumstances described in section 2(b)(l)(A), 2(b)(l)(C), or 2(b)(l)(D) of An Act
155 to provide for the mandatory reporting by physicians and institutions in the District of Columbia
156 of certain physical abuse of children, approved November 6, 1966 (80 Stat. 1354; D.C. Official
157 Code§ 4- 1321.01 et seq.) so as to not reveal any confidential communications that fall outside of
158 those circumstances.".
159 (b) Section 14-31 l(b)(4) is amended to read as follows:
160 (1) The lead-in language is amended to read as follows:
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161 "(4)(A) Notwithstanding any other law, human trafficking counselors shall report
162 to the Metropolitan Police Department or the Child and Family Services Agency any crime
163 disclosed in a confidential communication if the human trafficking counselor has actual knowledge
164 that the crime disclosed to the human trafficking counselor places the child in immediate danger
165 of the circumstances described in section 2(b)(l)(A), 2(b)(l)(C), or 2(b)(l)(D) of An Act to
166 provide for the mandatory reporting by physicians and institutions in the District of Columbia of
167 certain physical abuse of children, approved November 6, 1966 (80 Stat. 1354; D.C. Official Code
168 § 4-1321.01 et seq.), and involves:
169 "(i) A victim under the age of 13;
170 "(ii) A perpetrator or alleged perpetrator with whom a victim under
171 18 years of age has a significant relationship, as that term is defined in § 22-3001 (1 O); or
172 "(iii) A perpetrator or alleged perpetrator who is more than 4 years
173 older than a victim who is under 18 years of age.
174 "(B) Any disclosure made pursuant to subparagraph (A) of this subsection
175 shall be narrowly tailored to only include information regarding the immediate danger to the victim
176 because of the circumstances described in section 2(6 )( 1)(A), 2(6 )(1 )(C), or 2(6 )(1 )(D) of An Act
177 to provide for the mandatory reporting by physicians and institutions in the District of Columbia
178 of certain physical abuse of children, approved November 6, 1966 (80 Stat. 1354; D.C. Official
179 Code § 4-1321.01 et seq.) so as to not reveal any confidential communications that fall outside of
180 those circumstances.".
181 (c) Section 14-312(b)(5) is amended to read as follows:
182 "(5)(A) Notwithstanding any other law, sexual assault counselors shall report to the
183 Metropolitan Police Department or the Child and Family Services Agency any crime disclosed in
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184 a confidential communication if the sexual assault counselor has actual knowledge that the crime
185 disclosed to the sexual assault counselor places the child in immediate danger of the circumstances
186 described in section 2(b)(l)(A), 2(b)(l)(C), or 2(b)(l)(D) of An Act to provide for the mandatory
187 reporting by physicians and institutions in the District of Columbia of certain physical abuse of
188 children, approved November 6, 1966 (80 Stat. 1354; D.C. Official Code§ 4-1321.01 et seq.), and
189 involves:
190 "(i) A victim under the age of 13;
191 "(ii) A perpetrator or alleged perpetrator with whom a victim under
192 18 years of age has a significant relationship, as that term is defined in