Sexual assault collection kits

A. As used in this Section, the following terms have the following meanings: (1) "Criminal justice agency" means any government agency or subunit thereof, or private agency that, through statutory authorization or a legal formal agreement with a governmental unit or agency, has the power of investigation, arrest, detention, prosecution, adjudication, treatment, supervision, rehabilitation or release of persons suspected, charged, or convicted of a crime; or that collects, stores, processes, transmits, or disseminates criminal history record or crime information. (2) "Forensic medical examination" means an examination provided to the victim of a sexually oriented criminal offense by a health care provider for the purpose of gathering and preserving evidence of a sexual assault for use in a court of law. A forensic medical examination shall include the following: (a) Examination of physical trauma. (b) Patient interview, including medical history, triage, and consultation. (c) Collection and evaluation of evidence, including but not limited to the following: (i) Photographic documentation. (ii) Preservation and maintenance of chain of custody. (iii) Medical specimen collection. (iv) When determined necessary by the healthcare provider, an alcohol- and drug-facilitated sexual assault assessment and toxicology screening. (3) "Reported sexual assault collection kit" means a sexual assault collection kit collected from a survivor who has reported the crime to law enforcement, which indicates the survivor has requested that the case proceed as a criminal investigation and potential prosecution of the suspect. (4) "Sexual assault collection kit" means the human biological specimens and associated evidence collected by a healthcare provider during a forensic medical examination for the purpose of documenting, preserving, and analyzing evidence of a sexual assault, and means the standardized sexual assault collection kit issued by the Louisiana State Police. (5) "Sexually oriented criminal offense" has the same meaning as sex offense as defined in R.S. 15:541. (6) "Unreported sexual assault collection kit" means a sexual assault collection kit collected from a survivor who declines to report the crime to law enforcement at the time of the examination, which indicates the survivor has requested that no criminal investigation or prosecution be initiated, while retaining the right to report the crime and convert the kit to a reported status at any time within the twenty-year retention period. (7) "Untested sexual assault collection kit" means a sexual assault collection kit that has not been submitted to the Louisiana State Police Crime Laboratory or a similar qualified laboratory for either a serology or deoxyribonucleic acid (DNA) test. B. By January 1, 2015, all criminal justice agencies charged with the maintenance, storage, and preservation of sexual assault collection kits shall conduct a physical inventory of all such kits being stored by the agency and shall compile, in writing, a report containing the number of untested sexual assault collection kits in the possession of the agency and the date the sexual assault kit was collected. Each criminal justice agency shall also provide written notification if it does not have any untested sexual assault collection kits in its possession. The report shall be transmitted to the director of the Louisiana State Police Crime Laboratory. C. By March 1, 2015, the Louisiana State Police Crime Laboratory shall prepare and transmit a report to the chairman of the Senate Committee on Judiciary B and the chairman of the House of Representatives Committee on Judiciary containing the number of untested sexual assault collection kits being stored by each parish, by each criminal justice agency, and the date the untested kit was collected. The report shall also include the name and contact information of each criminal justice agency that failed to submit the report required by Subsection B of this Section.