Sec. 44.41.070. Report on untested sexual assault examination kits.

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(a)By September 1 of each year, each law enforcement agency and state department charged with the maintenance, storage, and preservation of sexual assault examination kits shall conduct an inventory of untested sexual assault examination kits and report, in writing, to the Department of Public Safety the number of untested sexual assault examination kits in the possession of the agency or department, the number of sexual assault examination kits that the law enforcement agency or state department has determined are ineligible for testing under

(e)of this section, with the reason or reasons the untested sexual assault examination kits were determined to be ineligible for testing, and the date on which each untested sexual assault examination kit was collected.

(b)By November 1 of each year, the Department of Public Safety shall prepare and transmit a report to the president of the senate and the speaker of the house of representatives that contains

(1)the number of untested sexual assault examination kits stored by each law enforcement agency or department and the number of sexual assault examination kits that the law enforcement agency or state department has determined are ineligible for testing under

(e)of this section, with the reason or reasons the untested sexual assault examination kits were determined to be ineligible for testing;

(2)the date each untested sexual assault examination kit was collected; and

(3)a plan for addressing the backlog and prevention of a backlog of untested sexual assault examination kits.

(c)The Department of Public Safety shall deliver a copy of the report prepared under

(b)of this section to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.

(d)In this section, “untested sexual assault examination kit” means a sexual assault examination kit with evidence that

(1)has been collected but that has not been submitted to a laboratory operated or approved by the Department of Public Safety for either a serological or DNA test; or

(2)has been collected and submitted to a laboratory operated or approved by the Department of Public Safety but that has not had a serological or DNA test conducted on the evidence.

(e)A sexual assault examination kit is ineligible for testing if the law enforcement agency or state department finds that the sexual assault examination kit

(1)is scientifically unviable;

(2)does not meet eligibility requirements for inclusion in the Combined DNA Index System database; or

(3)was collected from a person who reported a sexual assault anonymously.