This bill requires all law enforcement personnel involved in investigating sexual assault crimes to complete a minimum of 16 hours annually of sensitivity training provided by the Tennessee peace officer standards and training (POST) commission ("commission") related to interacting with victims of sexual violence. The curriculum for the training required must be developed by the POST commission in coordination with stakeholders and emphasize trauma-informed, victim-centered approaches. After the sensitivity training is completed, this bill requires that a participant be assessed in a mock situation ensuring the training was comprehended and applied. This bill requires that law enforcement personnel complete training within 120 days of starting in a sexual assault investigation role. Every three years, this bill requires the POST commission to present in-service training in seven subjects related to sexual assault response and report writing requirements. The training must also be presented as part of the training for initial POST certification. In order to provide the training, this bill requires an instructor to have successfully completed training on evidence-based, trauma-informed, victim-centered responses to cases of sexual assault and to have experience responding to sexual assault cases. RULEMAKING This bill authorizes the POST commission to promulgate rules to effectuate this bill. The rules must include curriculum standards for the training required by this bill. FORENSIC MEDICAL EXAMINATION OF VICTIMS OF SEXUALLY ORIENTED CRIMES Present law requires a law enforcement agency to submit a sexual assault evidence collection kit ("kit") with the victim's name affixed to it to the TBI or a similar qualified laboratory for serology or DNA testing within 30 days of taking possession of the kit. This bill requires that the TBI test all previously untested kits that were submitted prior to July 1, 2025, by January 1, 2026, and prioritize kits that are related to ongoing investigations. Effective July 1, 2025, this bill requires the TBI to test each kit within 90 days of receipt from a law enforcement agency. This bill further requires the TBI to prepare an annual report on the average number of days required for testing a kit over the prior calendar year, the number of untested kits that will not be tested within the required period of time, and recommendations for how best to meet the requirements of testing the kit within the timeframes established by these provisions. The report must be submitted by February 1 of each year to the governor and the chairs of the judiciary committee of the senate and committee of the house of representatives with jurisdiction over criminal justice-related matters and posted on the TBI's website. GENERATING DNA PROFILES FOR DATABASES In testing sexual assault evidence collection kits, this bill requires the TBI to develop autosomal DNA profiles that are eligible for entry into the combined DNA index system (CODIS) and other relevant state or local DNA databases. With the goal of generating a CODIS-eligible DNA profile, if the TBI is unable to obtain an autosomal CODIS-eligible DNA profile, then the TBI should evaluate the case to determine if any other DNA-typing results could be used for investigative purposes. In cases where testing results in a DNA profile, this bill requires the laboratory to enter the full profile into the CODIS database and other relevant state or local DNA databases. The average completion rate for this analysis and classification must not exceed 90 days. If the TBI crime laboratories are unable to meet the deadline, then this bill requires the TBI to outsource the kits for testing to an accredited private crime laboratory. LENGTH OF TIME TBI MUST KEEP KITS AS EVIDENCE Under present law, if an adult victim chooses not to report the alleged offense to police at the time of forensic medical examination, then the kit is assigned a number to identify the kit, rather than the victim's name. Upon receiving such a kit, a law enforcement agency must store the kit for a minimum of 10 years or until the victim files a police report, whichever occurs first. This bill requires the law enforcement agency to store the kit for a minimum of 25 years or until the victim files a police report, whichever occurs first. TIME LIMIT FOR CLAIMING VICTIM COMPENSATION Under present law, to be entitled to compensation, a claimant must file the claim within two years after the occurrence upon which the crime is based, two years after the death of the victim, or two years after any mental or physical manifestation or injury is diagnosed as a result of an act committed against a minor that would constitute one of the following criminal offenses under state law: aggravated rape, rape, aggravated sexual battery, sexual battery, rape of a child, incest, distribution to or employment of minors in producing obscene materials, sexual exploitation of a minor, aggravated sexual exploitation of a minor, and especially aggravated exploitation of minor; or an attempt, conspiracy, or solicitation to commit such an offense. This bill allows the victims of the crimes described above, as well as the following crimes, 12 years to claim compensation after mental or physical manifestation or injury is diagnosed: statutory rape, sexual contact with a minor, continuous sexual abuse of a child, sexual battery by an authority figure, especially aggravated rape, and especially aggravated rape of a child. Another requirement under present law for a victim to be entitled to compensation is that the victim fully cooperate with the police and district attorney general in the investigation and prosecution of the offender except in cases of human trafficking, where it is determined that the victim's cooperation may be impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being. This bill adds that the victim's cooperation is not a required element in a case seeking compensation where the offense is one of the following: aggravated rape, rape, aggravated sexual battery, sexual battery, statutory rape, sexual contact with a minor, continuous sexual abuse of a child, sexual battery by an authority figure, rape of a child, incest, distribution to or employment of minors in producing obscene materials, especially aggravated rape, especially aggravated rape of a child, sexual exploitation of a minor, aggravated sexual exploitation of a minor, especially aggravated exploitation of a minor, and stalking; or an attempt, conspiracy, or solicitation to commit such an offense. Another requirement under present law for a victim to be entitled to compensation is that the victim or a member of the victim's family must report the offense to the proper law enforcement authorities within 48 hours after the occurrence of the crime, unless good cause is shown justifying the delay. Good cause for the failure of a victim or a member of the victim's family to report a crime may be found if the victim is: (i) physically unable; (ii) a victim of sexual assault; (iii) a victim of domestic abuse; or (iv) a victim of human trafficking. This bill adds that the victim or victim's family reporting the offense is not a required element in a case seeking compensation where the offense is one of the following: aggravated rape, rape, aggravated sexual battery, sexual battery, statutory rape, sexual contact with a minor, continuous sexual abuse of a child, sexual battery by an authority figure, rape of a child, incest, distribution to or employment of minors in producing obscene materials, especially aggravated rape, especially aggravated rape of a child, sexual exploitation of a minor, aggravated sexual exploitation of a minor, especially aggravated exploitation of minor, and stalking. BURDEN OF PROOF AND DOCUMENTATION In cases for victim's compensation involving the offense of domestic violence, sexual offense, human trafficking, or stalking, this bill authorizes the claimant to prove the facts of the case using any court documents and forms of reporting, including an application for an order of protection, kit documentation, verification of participation in the home address confidentiality program, or documentation that the offense was reported to a licensed medical provider, licensed mental health provider, tribal health provider, or law enforcement agency within 180 days. This bill prohibits subjecting the claimant to invasive questioning; the claimant may only be interrogated for information strictly necessary to verify eligibility. Upon a showing that a delay in filing a claim under this bill occurred because of a delay in the testing of, or a delay in the DNA profile matching from, a kit or biological material collected as evidence related to a sexual offense, a person who is eligible for compensation may receive a waiver of any claim filing deadline. SEXUAL ASSAULT RESPONSE TEAM (SART) Under present law, each local law enforcement agency must begin collaboration between existing law enforcement agency resources and available community resources as a SART, which will assist in identifying gaps in service and improving response systems for sexual assault involving adult victims that occur within the agency's jurisdiction. This bill specifies that a SART has oversight authority over local law enforcement agency handling of sexual assault crimes and power to conduct audits and reviews of sexual assault crime investigations. Each SART must submit an annual report to the general assembly on the law enforcement agency's progress in implementing this bill. FUNDING This bill authorizes taxpayers to voluntarily allocate their tax refunds toward funding the law enforcement training and expedited forensic testing of sexual assault evidence collection kits required by this bill. This bill requires the department of revenue to provide a space on each tax return for the taxpayer to indicate such allocation. This bill requires that any funds allocated to the POST commission that remain unexpended at the end of a fiscal year be carried forward into the subsequent fiscal year, with 50% of the remainder to be expended to fund sensitivity training related to interacting with victims of sexual violence, as required by this bill.

Statutes affected:
Introduced: 39-13-519(d)(1), 39-13-519, 39-13-519(d)(2), 29-13-108(a), 29-13-108, 29-13-103(a)(4), 29-13-103, 29-13-103(a)(7), 38-1-903, 38-8-104