Signed by Governor Mike Parson

Vote Smart's Synopsis:

Vote to pass a bill that requires forensic testing of rape kits upon request of victim.

Highlights:

• Requires all licensed hospitals to perform a forensic examination using an evidentiary collection kit upon the request and consent of the victim of a sexual offense, beginning January 1, 2023 (Sec. 3).

• Specifies that if the victim is under 14 years of age the victim’s guardian must request and consent to the examination (Sec. 3).

• Establishes, within the Department of Health and Senior Services, a statewide telehealth network for forensic examinations of victims of sexual offenses in order to provide access to sexual assault nurse examiners or other similarly trained medical providers (Sec. 3).

• Requires the network to provide mentoring and educational training services, including (Sec. 4):

• Conducting a forensic examination of a victim of sexual offense while utilizing an evidentiary collection kit; 

• Proper documentation, transmission, and storage of the examination evidence; 

• Utilizing trauma-informed care to address the needs of victims; 

• Utilizing telehealth technology while conducting a live examination; and

• Providing ongoing case consultation and serving as an expert witness in the event of a trial. 

• Requires the Department of Public Safety to develop and retain within the state a central repository for unreported evidentiary collection kits, where such kits can be kept in a temperature-controlled environment that preserves the integrity of the evidence and diminishes degradation for a period of 5 years (Sec. 11).

• Requires the attorney general to establish protocols and an electronic platform to implement an electronic evidence tracking system that (Sec. 5):

• Identifies, documents, records, and tracks evidentiary collection kits and their components through their existence from forensic examinations, to possession by a law enforcement agency, to testing, to use as evidence in criminal proceedings, and until disposition of such proceedings; 

• Assigns a unique identified to each respective evidentiary collection kit, and all its respective components, and to each respective person who may handle a test kit; 

• Links the identifiers of a collection kit and its components; 

• Allows each person who is properly credentialed to handle a test kit to check the status of a test kit and to save a portfolio of identifiers so that the person may track, obtain reports, and receive updates on the status of evidentiary collection kits; and 

• Allows sexual assault victims to track and obtain reports on the status and location of their evidentiary collection kit in a secured web-based communications system.

• Requires that all appropriate medical providers, law enforcement agencies, laboratories, court personnel, persons or entities of evidentiary collection kits, and all other entities which have custody of evidentiary collection kits to participate in the electronic evidence tracking system (Sec. 10).

• Requires records entered into the electronic evidence tracking system be confidential and specifies they are not subject to disclosure (Sec. 12).

Full Bill Text