Existing law establishes the Sexual Assault Survivors' Bill of Rights, which grants a survivor certain rights relating to the investigation or prosecution of an alleged sexual assault perpetrated against the survivor. (Chapter 178A of NRS) Among other requirements, the Sexual Assault Survivors' Bill of Rights grants a survivor the right to be informed of the results of a sexual assault forensic evidence kit. (NRS 178A.230) Section 2 of this bill expands this right by providing a survivor the right to be informed of the status and location of the sexual assault forensic evidence kit of the survivor.
Existing law establishes a statewide program to track sexual assault forensic evidence kits. (NRS 200.3788) Section 4 of this bill requires a law enforcement agency or forensic laboratory to update the statewide program within 14 days after certain changes relating to a sexual assault forensic evidence kit.
Existing law prescribes certain requirements relating to sexual assault forensic evidence kits. Under certain circumstances, existing law requires an agency of criminal justice to retain a sexual assault forensic evidence kit for a minimum of 20 or 50 years. (NRS 178A.220) Section 1 of this bill requires an agency of criminal justice or forensic laboratory that has custody of a sexual assault forensic evidence kit to provide written notice to the survivor at least 60 days before the intended destruction of the kit. Section 1 also authorizes a survivor to request one or more additional 10-year periods of retention of the kit.
Existing law requires the Office of the Attorney General to develop and make available a document containing certain information for a survivor regarding his or her sexual assault. (NRS 178A.270) Existing law further requires certain persons to inform a survivor of his or her rights by presenting the document to the survivor. (NRS 178A.190, 178A.200) Section 3 of this bill requires the document to include: (1) an explanation of the rights of a survivor under relevant state and federal law; (2) information concerning the policies and procedures governing sexual assault forensic evidence kits; and (3) instructions for obtaining certain information concerning a kit and requesting additional periods of retention for the kit of the survivor.

Statutes affected:
BDR: 178A.220, 178A.230, 178A.270, 200.3786