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SB 509

Victims' Right To Know/Rape Kit Status.

2023-2024 Session Introduced by Val Applewhite and 7 co-sponsors

SB 509 gives victims who opt in the right to receive timely updates on their rape kit processing, including lab results, CODIS hits, and nearing destruction.

Passed 1st Reading
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Bill Summary · SB 509

SB 509 — Victims’ Right to Know / Rape Kit Status

Status: Passed 1st Reading (introduced Feb. 19, 2025)
Subject areas: sexual assault evidence, victims’ rights, law enforcement procedure, State Crime Laboratory notifications

Purpose

SB 509 amends the statewide sexual assault examination kit testing protocol to give victims the right to be notified about key steps and results in the processing of their sexual assault examination kit (commonly called a “rape kit”). The bill aims to increase transparency, reduce uncertainty for victims, and ensure timely handling and notification related to kits.

Key provisions

  • Adds a statutory definition for a “notice‑requesting victim”: a person who consented to collection of a sexual assault examination kit, reported the crime to law enforcement, and opted in to receive status notices and provided contact information.
  • Requires collecting agencies (e.g., hospitals, sexual assault centers) to preserve kits and notify the appropriate law enforcement agency as soon as practicable, and no later than 24 hours after collection.
  • Law enforcement duties:
    • Take custody of the collected kit within 7 days of notification.
    • Submit a reported kit to the State Crime Laboratory (or approved lab) within 45 days of taking custody.
    • Before submitting, ask the victim whether they wish to receive status notices and collect the victim’s designated contact information.
    • Inform a notice‑requesting victim within 24 hours after submitting the kit to the State Crime Laboratory, and transmit the victim’s contact info to the laboratory.
  • State Crime Laboratory duties (consistent with existing confidentiality rules):
    • Promptly notify a notice‑requesting victim when any of the following occurs:
    • A DNA profile resulting from the kit is obtained and entered into the State DNA Database.
    • The profile is entered into CODIS.
    • A CODIS hit is made and confirmed.
    • The kit is within 60 days of scheduled destruction.
  • Clarifies distinctions among reported, unreported, and unfounded kits; unreported kits (where the survivor did not report to law enforcement) are to be submitted to Department of Public Safety within 45 days for storage.
  • Victims are responsible for updating any change of contact information.

Who is affected

  • Victims/survivors of sexual assault who consent to exam collection and elect to receive notices.
  • Collecting agencies (hospitals, sexual assault programs) — preservation and 24‑hour notification duties.
  • Local and state law enforcement agencies — custody, submission, and victim‑notification duties.
  • State Crime Laboratory (and approved labs) — processing timelines and victim notification responsibilities.
  • Department of Public Safety — storage of unreported kits.

Timelines emphasized by the bill

  • 24 hours: collecting agency must notify law enforcement; law enforcement must inform victim within 24 hours after submitting a kit to the lab.
  • 7 days: law enforcement must take custody of kit after notification.
  • 45 days: submission of reported (to State Crime Lab) or unreported kits (to DPS) after custody.
  • 60 days: lab must notify victim when a kit is within 60 days of destruction.

Procedural / implementation notes

  • The bill applies to sexual assault examination kits completed on or after the act’s effective date (the text makes the act effective upon enactment and applicable to kits completed on/after that date).
  • Victim notification is opt‑in: the victim must elect to receive notices and provide contact information.
  • The law preserves confidentiality requirements and is integrated into existing statutory framework for kits and DNA database/CODIS entries.

Potential impact and considerations

  • For victims: greater transparency and timely status information about kit processing, DNA profiling, CODIS matches, and impending destruction.
  • For agencies/labs: additional administrative obligations (prompt notifications, recordkeeping, and contact information handling) that may require process changes and resources.
  • Could reduce the problem of “untracked” or long‑unprocessed kits by establishing clearer submission deadlines and notification duties.
  • Implementation will depend on administrative capacity at collecting agencies, law enforcement, and the State Crime Laboratory to meet statutory timeframes and to securely manage victim contact information.

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

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