(1) the right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit;
(2) the right to have a sexual assault medical forensic examination regardless of whether the survivor reports to or cooperates with law enforcement;
(3) the availability of a sexual assault advocate;
(4) the availability of protective orders and policies related to their enforcement;
(5) policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits;
(6) the process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits; and
(7) the availability of victim compensation and restitution.
42 U.S.C. § 10603f(b).
The activities regulated by the proposed rules are also affected by the federal statutes and regulations that govern the Combined DNA Index System (“CODIS”), which is the program of support for state and local criminal justice DNA databases operated by the Federal Bureau of Investigation, pursuant to 42 U.S.C. § 14132 and 28 C.F.R. Part 28. CODIS includes the National DNA Index System (“NDIS”), a national database that contains DNA analysis data contributed by forensic laboratories at the federal, state, and local levels. The use of DNA profiles created by the state crime laboratories under the proposed rules will include cross‑matching those profiles against data contained in the NDIS. Forensic laboratories participating in NDIS are required to be accredited by a nationally recognized forensic science association, to undergo an external audit every two years to demonstrate compliance with quality assurance standards established by the FBI, and to disclose DNA samples or analyses only in accordance with federal privacy requirements. See 42 U.S.C. § 14132(b)(2) and (3). Access to NDIS is subject to cancellation if the quality control and privacy requirements are not met. 42 U.S.C. § 14132(c).
7. Anticipated economic impact of proposed rules.
The proposed rules will have a negligible effect on the economy as a whole because the programs affected by these rules are not large enough to impact the economy of the entire state.
The proposed rules are expected to have little or no economic impact on non-governmental persons and entities.
Implementation costs for the proposed rules should be minimal. There may be some increase in the amount of biological evidence transmitted to the state crime laboratories by law enforcement agencies and some increase in the number of DNA analyses conducted by the state crime laboratories. The economic impact of any such increases, however, should be minimal because the proposed rules are expected to be consistent with existing procedures for the transmission and analysis of biological evidence.
Contact Person: Assistant Attorney General Thomas C. Bellavia, (608) 266-8690
