The bill seeks to improve support for crime victims and witnesses by implementing victim-centered, trauma-informed practices within the legal system. It establishes a Sexual Assault Forensic Examination Best Practices Advisory Group within the Office of the Attorney General, which will review best practices for managing sexual assault investigations and address the backlog of untested sexual assault kits. The advisory group will include various stakeholders and report its findings annually. Additionally, the bill introduces a grant program to create a statewide resource prosecutor for sexual assault cases, focusing on providing technical assistance and training to ensure a trauma-informed approach. It also expands training requirements for law enforcement and prosecutors on handling sexual assault and gender-based violence cases, emphasizing ongoing specialized training.
Moreover, the bill amends existing laws regarding the collection of biological samples, particularly DNA, from individuals convicted of certain offenses, ensuring that samples are collected before release from confinement. It also introduces new legal language concerning the admissibility of evidence related to a victim's past sexual behavior, making such evidence generally inadmissible unless directly related to the alleged offense. The bill enhances the rights of victims, survivors, and witnesses in criminal and civil commitment proceedings, requiring law enforcement to provide written statements of rights and ensuring access to medical assistance. Victims can seek compliance with their rights through a petition in superior court, which the court must expedite. The act is set to take effect on July 1, 2024, unless specific funding is not provided by June 30, 2023.
Statutes affected: Original Bill: 5.70.040, 5.70.050, 5.70.060, 9A.04.080, 43.101.272, 43.101.276, 43.101.278, 7.68.170, 43.43.545, 7.68.380, 43.185C.260, 7.69.030, 43.101.270
Substitute Bill: 5.70.040, 5.70.050, 9A.04.080, 43.101.272, 43.101.276, 43.101.278, 7.68.170, 43.43.545, 7.68.380, 43.185C.260, 7.69.030, 43.101.270
Second Substitute: 43.101.272, 43.101.276, 43.101.278, 9A.04.080
Bill as Passed Legislature: 43.101.272, 43.101.276, 43.101.278, 43.43.754, 9A.04.080, 9A.44.020, 7.69.030
Session Law: 43.101.272, 43.101.276, 43.101.278, 43.43.754, 9A.04.080, 9A.44.020, 7.69.030