Physical evidence recovery kits. (HB1160)

Introduced By

Del. Rob Bell (R-Charlottesville) with support from co-patrons Del. Eileen Filler-Corn (D-Fairfax Station), and Del. Vivian Watts (D-Annandale)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Physical evidence recovery kits. Establishes a comprehensive procedure for the collection and analysis of physical evidence recovery kits for victims of sexual assault, including those who elect at the time of the exam not to report a sexual assault to a law-enforcement agency. Kits from victims who elect not to report are known as "anonymous physical evidence recovery kits" and will be stored at the Division of Consolidated Laboratory Services (the Division) for two years, although the Division, the victim, or the law-enforcement agency may elect for the kits to be retained for a longer period of time. If the victim later elects to report the sexual assault, the victim's kit will be released to law enforcement. Health care providers are required to explain these procedures and time frames to victims. Where the victim elects to report the offense to law enforcement at the time of the exam, law enforcement is required to take possession of the victim's kit forthwith upon notification from the health care provider that the kit has been collected and, with limited exceptions, to submit the kit to the Department of Forensic Science for analysis within 60 days. The bill outlines the exceptions to mandatory submission for analysis, time frames, and storage requirements for retention of analyzed samples; expungement of DNA samples obtained but not connected to a crime; and victims' notification rights. Read the Bill »

Status

04/04/2016: signed by governor

History

DateAction
01/14/2016Committee
01/14/2016Presented and ordered printed 16104138D
01/14/2016Referred to Committee for Courts of Justice
01/20/2016Assigned to sub: Criminal Law
01/20/2016Assigned App. sub: Criminal Law
01/20/2016Assigned Courts sub: Criminal Law
01/28/2016Impact statement from DPB (HB1160)
02/08/2016Subcommittee recommends reporting (9-Y 0-N)
02/10/2016Reported from Courts of Justice (21-Y 0-N) (see vote tally)
02/10/2016Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/10/2016Committee substitute printed 16105473D-H1
02/10/2016Incorporates HB1158
02/10/2016Referred to Committee on Appropriations
02/11/2016Assigned App. sub: Public Safety
02/11/2016Subcommittee recommends reporting (7-Y 0-N)
02/12/2016Impact statement from DPB (HB1160H1)
02/12/2016Reported from Appropriations (22-Y 0-N) (see vote tally)
02/13/2016Read first time
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16105473D-H1
02/15/2016Engrossed by House - committee substitute HB1160H1
02/16/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/16/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee for Courts of Justice
02/29/2016Reported from Courts of Justice with amendment (14-Y 0-N) (see vote tally)
03/01/2016Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/02/2016Read third time
03/02/2016Reading of amendment waived
03/02/2016Committee amendment agreed to
03/02/2016Engrossed by Senate as amended
03/02/2016Passed Senate with amendment (40-Y 0-N) (see vote tally)
03/03/2016Placed on Calendar
03/04/2016Senate amendment agreed to by House (96-Y 3-N)
03/04/2016VOTE: ADOPTION (96-Y 3-N) (see vote tally)
03/04/2016Reconsideration of Senate amendment agreed to by House
03/04/2016Senate amendment agreed to by House (98-Y 1-N)
03/04/2016VOTE: ADOPTION #2 (98-Y 1-N) (see vote tally)
03/07/2016Enrolled
03/07/2016Bill text as passed House and Senate (HB1160ER)
03/07/2016Impact statement from DPB (HB1160ER)
03/07/2016Signed by Speaker
03/09/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/09/2016Signed by President
03/09/2016Enrolled Bill communicated to Governor on 3/9/2016
03/09/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/04/2016G Approved by Governor-Chapter 698 (effective 7/1/16)
04/04/2016G Acts of Assembly Chapter text (CHAP0698)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 35 seconds.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM ALBEMARLE, MR. BELL.

Del. Rob Bell (R-Charlottesville): MR. SPEAKER, I MOVE THE COMMITTEE SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THOSE IN FAVOR SAY AYE. OPPOSED, NO. SUBSTITUTE AGREED TO. GENTLEMAN FROM ALBEMARLE.

Del. Rob Bell (R-Charlottesville): MR. SPEAKER, THIS ADDRESSES THE BACKLOG DISCOVERED AND GOING FORWARD WE DON'T HAVE A SIMILAR BACKLOG AND CREATES A MECHANISM FOR ANONYMOUS REPORTING MEANING THE VICTIM ISN'T SURE SHE WANTS TO PURSUE CRIMINAL CHARGES YET. I HOPE IT BE THE PLEASURE OF THE HOUSE TO ENGROSS THE BILL AND