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S 3089

Relates to courthouse facility dogs for witnesses

2025 Regular Session Introduced by Pam Helming

The bill mandates timely submission, transfer, and long‑term retention of sexual assault forensic kits to ensure prompt testing and preserve untested kits for victims’ decision tim

REFERRED TO JUDICIARY
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Bill Summary · S 3089

Summary — S 3089 (Sexual Assault Forensic Evidence Kits)

Status: Referred to Judiciary (most recent action 10/30/2025)
Introduced: Senate (multiple actions beginning 4/11/2024; committee substitute reported 10/21/2024)
Primary Sponsors: Senators Bernie Moreno and Pamela Helming

Purpose

The bill requires timely submission, custody transfer, and long‑term retention standards for sexual assault forensic evidence kits (commonly called “rape kits”). Its intent is to ensure kits are submitted promptly for testing when a victim consents and that untested kits are preserved for an extended period to allow victims time to decide whether to pursue testing.

Key provisions (committee substitute reported 10/21/2024)

  • Submission deadlines for kits when a victim consents:
    • Kits collected after the bill’s effective date must be submitted to the appropriate forensic laboratory within 10 calendar days of the victim’s sexual assault medical forensic examination.
    • Kits collected by law enforcement between July 1, 2019 and the bill’s effective date must be submitted by April 1, 2025.
    • All other kits in law enforcement custody must be submitted according to guidelines to be promulgated by the Division of Criminal Justice (required no later than December 31, 2025).
  • Notification and custody transfer:
    • Medical or other facilities that perform forensic exams must notify the appropriate law enforcement agency immediately, and in no case later than 24 hours, if the victim consents to release the kit to law enforcement.
    • The notified law enforcement agency must take possession of the kit within three business days and submit it in accordance with the 10-day submission requirement.
  • Retention when a victim does not consent or has not reported:
    • Kits where the victim has not consented or has not reported must be preserved for a minimum of 20 years from the date of collection.
    • If the victim is a minor, retention is at least 20 years after the victim reaches age 18.
    • Victims retain the right to report and request testing at any time during the retention period.
  • Administration:
    • The Attorney General is directed to issue or amend guidelines or directives necessary to effectuate the bill’s provisions.

Additional context and earlier draft differences

  • An earlier introduced version (the “Sexual Assault Evidence Submission Act”) included additional requirements (e.g., submission to Central Laboratory within 10 business days and a provision that labs analyze submitted evidence within six months if sufficient resources existed). The committee substitute narrows focus to submission, custody, and retention and delegates remaining decisions to DCJ/Attorney General guidance.

Who is affected

  • State, county, and municipal law enforcement agencies, county prosecutors, medical facilities that conduct sexual assault forensic exams, forensic laboratories, and victims of sexual assault.

Fiscal and implementation impact

  • Office of Legislative Services (Jan. 29, 2025) estimates indeterminate annual expenditure increases for State, county, and municipal entities. Potential cost drivers include increased workload to meet custody and submission timelines, laboratory testing/backlog handling, storage for long retention periods, and administrative work to comply with new notification and reporting requirements.
  • Some provisions overlap with Attorney General Law Enforcement Directive No. 2023‑1 (v2.0) and a statewide kit tracking system established with federal grant funds; nevertheless, the bill could require additional resources to meet statutory deadlines.

Related/companion legislation

  • Companion Assembly bills: A3753, A4380
  • Prior-session bills: S4616, S2289

For the current operative text and any agency guidance implementing the bill, see the committee substitute version reported 10/21/2024 and subsequent Attorney General or Division of Criminal Justice directives.

Compiled from official sources — confirm details with the bill’s official record.

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