The bill will also codify into statute a process to ensure that all rape kits are tested.

The measure is sponsored by Senator Joe Cryan (D-Union) and Senator Troy Singleton (D-Burlington).

The bill, a committee substitute for S-3089, would require municipal, state, and county law enforcement agencies to submit all relevant forensic laboratory evidence collected in a sexual assault investigation within 10 calendar days of the examination. The legislation further requires testing facilities to notify law enforcement within 24 hours of a test being taken, and that law enforcement would have to take possession of kits within three business days. The assault survivors would have to consent to the submission of the kits.

“All rape kits should be tested and submitted for analysis in a timely way,” said Senator Cryan, who formerly served as Union County Sherriff. “This is crucial evidence that is needed for effective investigations that will help bring justice and closure to sexual assault survivors. Setting required timelines and preserving forensic evidence will help support the work of law enforcement by ensuring that the kits are thoroughly examined and available so that any evidence can be used to deliver justice.”

The legislation also requires every kit collected by law enforcement beginning on July 1, 2019 through the effective date of the new law be submitted for testing by April 1, 2025. Every other remaining kit would have to be tested by December 31, 2025 in accordance with guidelines from the Attorney General.

“These are additional steps we can take to protect the rights of sexual assault survivors,” said Senator Singleton. “Treating the evidence in their cases with timeliness, respect and care will help maintain trust in the criminal justice system. They should know that their cases are treated with the seriousness they deserve.”

In addition, the evidence collected from survivors who have not consented to its submission would have to be retained for at least 20 years. The survivor would be able to report the crime to law enforcement and have the kit submitted for evidence at any time during the retention period.

The committee vote was 5-0.