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Key Votes

HB 2131 - Establishes A Sexual Assault Training Program - Hawaii Key Vote

Timeline

Issues Related to HB 2131

Stage Details

Legislation - Signed (Executive) -
Signed by Governor David Ige
Legislation - Bill Passed (Senate) (25-0) - (Key vote)
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Title: Establishes A Sexual Assault Training Program

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that establishes a Sexual Assault and Training Program.

Highlights:

 

  • Establishes a Hawaii sexual assault and training program (Sec. 2).

  • Requires the program to have regularly scheduled meetings in order to develop and maintain (Sec. 2):

    • Guidelines for medical forensic examinations in the State to be issued to sexual assault programs, centers, county contractors, and other related facilities;

    • A protocol for the collection of forensic evidence included within a sexual assault evidence collection kit;

    • A statewide standard data set that includes status and location information;

    • Policies and procedures for sex assault programs, centers, county contractors, and other related facilities that retain sexual assault evidence kits; and

    • Appropriate language for disclosures that shall be made to any person undergoing a medical forensic examination, including but not limited to the storage time of a kit, when it may be disposed, and the individual’s ability to access the status of their kit.

  • Requires the Department of the Attorney General to submit to legislative leadership a report detailing (Sec. 2):

    • The number of sexual assault evidence collection kits (actual, reported, and unreported) collected in each county; 

    • The number of kits that were submitted to a DNA laboratory and, of those, how many have been completed;

    • The number of kits that were not submitted to a DNA laboratory;

    • How many kits were disposed of; and

    • The number of new prosecutions that resulted from DNA testing of kits collected prior to July 1, 2016.

  • Specifies that an individual who undergoes a medical examination but does not file a police report (Sec. 2):

    • May request that the unreported kit be held by the sexual assault program instead of a law enforcement agency;

    • Has not waived their right to report the crime and to have the kit tested later; and

    • Will be informed of the date their kit will be disposed of at the time of examination.

  • Specifies that sexual assault victims have the right to receive a medical examination, regardless of whether or not they report the assault (Sec. 2).

  • Requires that law enforcement agencies designate at least one person trained in trauma and victim response to recieve all inquiries about kits and serve as a liaison between the agency and the victims (Sec. 2). 

  • Requires agencies in possession of unreported kits to store them for at least 6 years if the victim was 18 years or older at the time of the incident and at least 20 years if they were under 18 years old (Sec. 2).

  • Requires agencies that collect kits to notify law enforcement (Sec. 2).

  • Requires agencies to submit the DNA kit  after law enforcement takes the kit to submit it for DNA testing (Sec. 2).

  • Requires, that in cases where there is  no conviction or acquittal, a law enforcement agency to retain the kit for 50 years or until the expiration on the statute of limitations (Sec. 2). 

  • Specifies that failure of law enforcement to comply does not (Sec. 2):

    • Constitute grounds to challenge the validity of DNA evidence;

    • Justify a court to exclude any evidence generated from a kit; or

    • Provide a basis for the accused or convicted to request that their case be dismissed or conviction set aside.

  • Requires that each county establish an electronic tracking system for sexual assault kits by January 1, 2020. Specifies that the each system shall at a minimum (Sec. 2):

    • Track the status of kits from specimen collection to final storage or disposal; and

    • Allow sexual assault victims to access the system for the location and status of their kits.

Legislation - Bill Passed (House) (72-0) -

Title: Establishes A Sexual Assault Training Program

Legislation - Introduced (House) -

Title: Establishes A Sexual Assault Training Program

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