Physical evidence; procedure for collection, etc., of recovery kits. (SB291)

Introduced By

Sen. Dick Black (R-Leesburg) with support from co-patrons Del. Bob Marshall (R-Manassas), and Sen. Barbara Favola (D-Arlington)

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 »

Outcome

Bill Has Passed

History

DateAction
01/07/2016Prefiled and ordered printed; offered 01/13/16 16102187D
01/07/2016Referred to Committee for Courts of Justice
01/27/2016Impact statement from DPB (SB291)
02/01/2016Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally)
02/01/2016Committee substitute printed 16104943D-S1
02/01/2016Rereferred to Finance
02/01/2016Incorporates SB158
02/01/2016Incorporates SB159
02/10/2016Impact statement from DPB (SB291S1)
02/10/2016Reported from Finance (15-Y 0-N) (see vote tally)
02/11/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/12/2016Read second time
02/12/2016Reading of substitute waived
02/12/2016Committee substitute agreed to 16104943D-S1
02/12/2016Engrossed by Senate - committee substitute SB291S1
02/12/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/12/2016Passed Senate (39-Y 0-N) (see vote tally)
02/17/2016Placed on Calendar
02/17/2016Read first time
02/17/2016Referred to Committee for Courts of Justice
02/19/2016Assigned App. sub: Criminal Law
02/19/2016Assigned Courts sub: Criminal Law
02/22/2016Subcommittee recommends reporting (9-Y 0-N)
02/24/2016Reported from Courts of Justice (22-Y 0-N) (see vote tally)
02/25/2016Read second time
02/26/2016Read third time
02/26/2016Passed House BLOCK VOTE (97-Y 0-N)
02/26/2016VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
02/29/2016Enrolled
02/29/2016Bill text as passed Senate and House (SB291ER)
02/29/2016Signed by Speaker
03/01/2016Impact statement from DPB (SB291ER)
03/03/2016Signed by President
03/04/2016Enrolled Bill Communicated to Governor on 3/4/16
03/04/2016G Governor's Action Deadline Midnight, March 11, 2016
03/11/2016G Approved by Governor-Chapter 332 (effective 7/1/16)

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 32 seconds.

Transcript

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

ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THINGAHAVE IT. THE SUNDAY IS AGREED TO. THE SUBSTITUTE IS AGREED TO. SENATE BILL 291, REPORTED FROM THE COMMITTEE FOR COURTS OF JUSTICE WITH SUBSTITUTE. REPORTED FROM COMMITTEE ON FINANCE. THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): I MOVE THE COMMITTEE SUBSTITUTE.

[Unknown]: SHOULD THE COMMITTEE SUBSTITUTE BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE COMMITTEE SUBSTITUTE IS AGREED TO.

Sen. Dick Black (R-Leesburg): SENATE BILL 354, REPORTED FROM THE COMMITTEE FOR COURTS OF JUSTICE.

Duplicate Bills

The following bills are identical to this one: HB1158.