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2022 SESSION
SB 658 Physical evidence recovery kits; victim's right to notification, storage.
Introduced by: Jennifer L. McClellan | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Physical evidence recovery kits; victim's right to notification; storage. Provides that for a physical evidence recovery kit that (i) was collected by the Office of the Chief Medical Examiner as part of a routine death investigation and the medical examiner and the law-enforcement agency agree that analysis is not warranted, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, the law-enforcement agency that received the physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. The bill provides that after the mandatory retention period, the law-enforcement agency may destroy the physical evidence recovery kit, or in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time. The bill also provides that when a state or local law-enforcement agency located within the Commonwealth has taken over responsibility for the investigation related to the physical evidence recovery kit, unless one of the other exceptions for submitting such kit to the Department of Forensic Science applies, the physical evidence recovery kit shall be transferred to such law-enforcement agency and such law-enforcement agency shall submit the physical evidence recovery kit to the Department of Forensic Science within 60 days of receipt from the original receiving law-enforcement agency.
The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and the personal identification number required to view the status of the physical evidence recovery kit and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known. This bill is identical to HB 719.
FULL TEXT
- 01/19/22 Senate: Presented and ordered printed 22104324D pdf | impact statement
- 02/07/22 Senate: Committee substitute printed 22105508D-S1 pdf | impact statement
- 03/02/22 Senate: Bill text as passed Senate and House (SB658ER) pdf | impact statement
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0454) pdf
AMENDMENTS
- House committee, floor amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- House amendments adopted
- House amendments engrossed
HISTORY
- 01/19/22 Senate: Presented and ordered printed 22104324D
- 01/19/22 Senate: Referred to Committee on the Judiciary
- 02/07/22 Senate: Reported from Judiciary with substitute (14-Y 0-N)
- 02/07/22 Senate: Committee substitute printed 22105508D-S1
- 02/08/22 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/09/22 Senate: Read second time
- 02/09/22 Senate: Reading of substitute waived
- 02/09/22 Senate: Committee substitute agreed to 22105508D-S1
- 02/09/22 Senate: Engrossed by Senate - committee substitute SB658S1
- 02/10/22 Senate: Read third time and passed Senate (40-Y 0-N)
- 02/21/22 House: Placed on Calendar
- 02/21/22 House: Read first time
- 02/21/22 House: Referred to Committee for Courts of Justice
- 02/21/22 House: Reported from Courts of Justice with amendment(s) (20-Y 0-N)
- 02/23/22 House: Read second time
- 02/24/22 House: Read third time
- 02/24/22 House: Committee amendment agreed to
- 02/24/22 House: Engrossed by House as amended
- 02/24/22 House: Passed House with amendment BLOCK VOTE (99-Y 0-N)
- 02/24/22 House: VOTE: Block Vote Passage (99-Y 0-N)
- 02/28/22 Senate: House amendment agreed to by Senate (40-Y 0-N)
- 03/02/22 Senate: Enrolled
- 03/02/22 Senate: Bill text as passed Senate and House (SB658ER)
- 03/02/22 House: Signed by Speaker
- 03/03/22 Senate: Signed by President
- 03/11/22 Senate: Enrolled Bill Communicated to Governor on March 11, 2022
- 03/11/22 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
- 04/11/22 Governor: Approved by Governor-Chapter 454 (effective 7/1/22)
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0454)