FT 19.15 Rape Kit Processing Act (Statute)
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  FT 19.15 Rape Kit Processing Act (Statute)
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Author Topic: FT 19.15 Rape Kit Processing Act (Statute)  (Read 420 times)
Anna Komnene
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« on: May 07, 2021, 08:57:41 AM »
« edited: May 29, 2021, 11:12:47 PM by Anna Komnene »

Quote from: Rape Kit Processing Act
AN ACT
To ensure timely processing of rape kits by law enforcement.

I. TITLE & DEFINITIONS
1. This act shall be titled as the “Rape Kit Processing Act.”
2. A “rape kit” as referenced in this act shall refer to any package of items used by medical or law enforcement personnel, and specifically intended to provide tools for conducting forensic examination of a victim of sexual assault, as well as the evidentiary material collected from such kits and commonly stored within them.

II. PROVISIONS
1. Any law enforcement agency in the Commonwealth of Frémont investigating an alleged or suspected sexual assault shall, if possible, offer to conduct a forensic examination of the possible victim in a timely fashion.
a. This examination shall include, but is not limited to, swabbing of the body for bodily fluids, collection of urine and/or blood from the victim, and collection of hair and fibers from the victim.
2. All rape kits utilized after June 1st, 2021; shall be examined, tested for DNA samples, and further tested for DNA matches against the Frémont Department of Justice’s DNA database, within sixty (60) days of the initial forensic examination.
a. Should a law enforcement agency other than the Frémont State Police fail to provide for the examination of a rape kit within the time allotted, the Frémont State Police shall assume jurisdiction over the relevant investigation, and take possession of all evidence relevant thereto.
b. In such cases, the relevant law enforcement agency shall pay the Frémont State Police ten thousand dollars ($10,000) for their work.
3. All rape kits utilized before June 1st, 2021; and hereto unprocessed in the fashion described in Clause 2 of this Act, shall be so examined by December 31st, 2021.
a. Thereafter, such rape kits and the investigations in which they were collected shall be subject to the processes outlined in Subclauses 2a and 2b of this Act.
Sponsor: Ted Bessell

The floor is open.
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Mike Thick
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« Reply #1 on: May 07, 2021, 09:23:56 PM »

Thank you, Madam Speaker. I will post advocacy for this bill tomorrow
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Mike Thick
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« Reply #2 on: May 08, 2021, 09:53:32 PM »

Thank you, Madam Speaker, and my fellow MPs.

The backlog of untested rape kits is a serious problem in our law enforcement system. According to End the Backlog, forensic examinations from sexual assaults remain untested by the thousands across dozens of states, including at least seven in Frémont alone. Each untested kit may contain the DNA of a sexual predator. Each kit may represent a victim denied justice, and a rapist allowed to walk free.

My bill establishes clear, achievable mandates for local law enforcement agencies to send rape kits to labs for testing. It also ensures that all victims are offered the chance to use a rape kit, and that there are serious consequences for police departments that don't clear their backlogs by the end of the year. By changing how Frémont investigates sexual assaults, we can ensure justice for victims and accountability for perpetrators.

I look forward to hearing my colleagues' feedback on this proposal. I intended the bill to be an unfunded mandate, but I'm open to adding temporary funding for backlog clearing on a kit-by-kit basis. Thank you.
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Lumine
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« Reply #3 on: May 09, 2021, 03:39:11 PM »

Been reading up on this issue as I wasn't really aware of it - the scale of it alone is both disturbing and rather horrific on its implications -, and I would congratulate the sponsor for raising the exact type of issue that's likely to go unnoticed while warranting vigorous action.

I do wonder, however, if it's enough to place this window of time supported by the use of fines. Clearly a big part of the problem comes from administrative mistakes and/or a lack of sufficient awareness, but from what I've been reading the problem is also associated to an excess of demand against what can actually be processed, even after federal funding (which we would assume to be OTL, as it took place pre-reset) seemed to be make a significant impact.

My first instinct is to try and be conservative with what we spend, but I think this specific bill might benefit from providing additional funding for equipment and personnel if the goal is to be met (after all, the last thing we can is for departments or agencies to merely pay the fines if they find it physically impossible to process all the evidence).

We may also want to consider some sort of mechanism to educate police departments and/or agencies on the importance of such kits, as apparently some are not processed because some members of law enforcement might genuinely (and mistakenly) believe them not to be necessary if there's other evidence or suspects available.
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Anna Komnene
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« Reply #4 on: May 10, 2021, 01:07:06 AM »

Thanks for writing this bill Ted. It makes me shudder to think that victims who report are just a small fraction of all assaults, and yet there's still a backlog of those cases that do get reported. I admire anyone who has the courage to step forward with everything that entails. Those kits should definitely be treated with the respect that the victims deserve.

I agree with Lumine that the police department approach so far leaves something to be desired. I wonder if it might me a good idea to make this interdisciplinary and involve victim advocates and counselors in the process. While police are focused on criminal justice, advocates would bring a different perspective and keep in mind how the victims are feeling throughout the process. I'm not totally sure how it would work. Maybe the police departments should keep a record of local victim advocates and counselors and contact them when a new case is filed?
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Mike Thick
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« Reply #5 on: May 10, 2021, 02:47:12 AM »

I’ll research this more in the next couple days, but here are some ideas (spitballing)
 - Straight up money to Frémont DOJ to hire more forensic technicians and set up more labs
 - Some kind of rebate program for private labs that let backlogged kits leapfrog the queue
 - I do want some kind of remedy for situations where police departments are incompent or just unwilling to test the kit for some reason, but I’m open to ideas for that besides a fine
 - I’m not 100% sure what the police situation is like in Frémont, and I need to go back through the statute on the wiki. That said, I wonder if maybe to address Siren’s concerns we could have one of the civilian oversight entities we’ve set up appoint some kind of sexual assault ombudsmen. They could refer victims to counselors and make sure the process doesn’t get derailed by administrative screwups/malicious behavior by cops.
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Anna Komnene
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« Reply #6 on: May 15, 2021, 12:29:12 AM »

Those all sound like pretty good ideas to me. Taking a quick look through the statute, the Frémont Ministry of Emergency Services (FMES) might be a good fit for appointing that sexual assault ombudsmen.

As far as the incompetent departments go, the best thing might be to go with the education route that Lumine suggested. Maybe require departments to hold an annual sexual assault case seminar that refreshes them on the procedures for those cases, including the importance of testing the kits.
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Battista Minola 1616
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« Reply #7 on: May 16, 2021, 03:28:20 PM »

This is not a topic I knew much about and I thank Ted for bringing this to the forefront and writing this bill, since this appears to be quite a serious problem. I am not sure I have much to add that has not already been touched upon by my fellow MPs but I will say that all the additional ideas proposed sound good to me. It seems though that we have a whole bunch of proposals and it is not quite clear how to bundle them together. Who wants to write the amendment(s)?
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Anna Komnene
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« Reply #8 on: May 20, 2021, 12:21:41 AM »

I threw together an amendment that I think includes all the ideas we discussed. Let me know if anything needs changed.

Quote from: amendment
II. PROVISIONS
1. Any law enforcement agency in the Commonwealth of Frémont investigating an alleged or suspected sexual assault shall, if possible, offer to conduct a forensic examination of the possible victim in a timely fashion.
a. This examination shall include, but is not limited to, swabbing of the body for bodily fluids, collection of urine and/or blood from the victim, and collection of hair and fibers from the victim.
b. $50 million is allocated to the Frémont Department of Justice for the purpose of updating current rape kit testing labs, setting up additional labs, hiring additional forensic technicians, and to administer a rebate program for private labs involved in testing backlogged rape kits.
2. All rape kits utilized after June 1st, 2021; shall be examined, tested for DNA samples, and further tested for DNA matches against the Frémont Department of Justice’s DNA database, within sixty (60) days of the initial forensic examination.
a. Should a law enforcement agency other than the Frémont State Police fail to provide for the examination of a rape kit within the time allotted, the Frémont State Police shall assume jurisdiction over the relevant investigation, and take possession of all evidence relevant thereto.
b. In such cases, the relevant law enforcement agency shall pay the Frémont State Police ten thousand dollars ($10,000) for their work.
3. All rape kits utilized before June 1st, 2021; and hereto unprocessed in the fashion described in Clause 2 of this Act, shall be so examined by December 31st, 2021.
a. Thereafter, such rape kits and the investigations in which they were collected shall be subject to the processes outlined in Subclauses 2a and 2b of this Act.
4. Frémont law enforcement agencies shall be required to hold an annual seminar for their employees with guidance from the Frémont Department of Justice on the procedures for handling sexual assault cases, including the importance of and requirements for timely rape kit testing.
5. The Frémont Ministry of Emergency Services shall appoint a Survivor Protection Ombudsman to coordinate communication between law enforcement agencies, sexual assault counselors and advocates, and sexual assault victims, to oversee the rape kit testing process for transparency, and to provide information to victims about their rights and options during the process.

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Anna Komnene
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« Reply #9 on: May 21, 2021, 02:25:24 PM »

The amendment is adopted.

I move for a final vote. 24 hours for objections.
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Anna Komnene
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« Reply #10 on: May 22, 2021, 02:36:42 PM »

With no objections, we'll now have a final vote. Members please vote AYE, NAY, or ABSTAIN.

Quote from: Rape Kit Processing Act
AN ACT
To ensure timely processing of rape kits by law enforcement.

I. TITLE & DEFINITIONS
1. This act shall be titled as the “Rape Kit Processing Act.”
2. A “rape kit” as referenced in this act shall refer to any package of items used by medical or law enforcement personnel, and specifically intended to provide tools for conducting forensic examination of a victim of sexual assault, as well as the evidentiary material collected from such kits and commonly stored within them.

II. PROVISIONS
1. Any law enforcement agency in the Commonwealth of Frémont investigating an alleged or suspected sexual assault shall, if possible, offer to conduct a forensic examination of the possible victim in a timely fashion.
a. This examination shall include, but is not limited to, swabbing of the body for bodily fluids, collection of urine and/or blood from the victim, and collection of hair and fibers from the victim.
b. $50 million is allocated to the Frémont Department of Justice for the purpose of updating current rape kit testing labs, setting up additional labs, hiring additional forensic technicians, and to administer a rebate program for private labs involved in testing backlogged rape kits.
2. All rape kits utilized after June 1st, 2021; shall be examined, tested for DNA samples, and further tested for DNA matches against the Frémont Department of Justice’s DNA database, within sixty (60) days of the initial forensic examination.
a. Should a law enforcement agency other than the Frémont State Police fail to provide for the examination of a rape kit within the time allotted, the Frémont State Police shall assume jurisdiction over the relevant investigation, and take possession of all evidence relevant thereto.
b. In such cases, the relevant law enforcement agency shall pay the Frémont State Police ten thousand dollars ($10,000) for their work.
3. All rape kits utilized before June 1st, 2021; and hereto unprocessed in the fashion described in Clause 2 of this Act, shall be so examined by December 31st, 2021.
a. Thereafter, such rape kits and the investigations in which they were collected shall be subject to the processes outlined in Subclauses 2a and 2b of this Act.
4. Frémont law enforcement agencies shall be required to hold an annual seminar for their employees with guidance from the Frémont Department of Justice on the procedures for handling sexual assault cases, including the importance of and requirements for timely rape kit testing.
5. The Frémont Ministry of Emergency Services shall appoint a Survivor Protection Ombudsman to coordinate communication between law enforcement agencies, sexual assault counselors and advocates, and sexual assault victims, to oversee the rape kit testing process for transparency, and to provide information to victims about their rights and options during the process.
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Unconditional Surrender Truman
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« Reply #11 on: May 22, 2021, 02:47:39 PM »

Aye!
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YE
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« Reply #12 on: May 22, 2021, 03:52:24 PM »

Aye.
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Battista Minola 1616
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« Reply #13 on: May 22, 2021, 06:19:59 PM »

Aye
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AustralianSwingVoter
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« Reply #14 on: May 22, 2021, 06:34:44 PM »

Y
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Mike Thick
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« Reply #15 on: May 23, 2021, 02:56:44 AM »

Aye!
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Anna Komnene
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« Reply #16 on: May 23, 2021, 06:22:33 PM »

Aye
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Lumine
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« Reply #17 on: May 23, 2021, 10:45:57 PM »

Aye!
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Anna Komnene
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« Reply #18 on: May 24, 2021, 03:50:14 PM »

With 7 votes in favor, this bill passes the Frémont parliament.

Quote
Quote
AN ACT
To ensure timely processing of rape kits by law enforcement.

I. TITLE & DEFINITIONS
1. This act shall be titled as the “Rape Kit Processing Act.”
2. A “rape kit” as referenced in this act shall refer to any package of items used by medical or law enforcement personnel, and specifically intended to provide tools for conducting forensic examination of a victim of sexual assault, as well as the evidentiary material collected from such kits and commonly stored within them.

II. PROVISIONS
1. Any law enforcement agency in the Commonwealth of Frémont investigating an alleged or suspected sexual assault shall, if possible, offer to conduct a forensic examination of the possible victim in a timely fashion.
a. This examination shall include, but is not limited to, swabbing of the body for bodily fluids, collection of urine and/or blood from the victim, and collection of hair and fibers from the victim.
b. $50 million is allocated to the Frémont Department of Justice for the purpose of updating current rape kit testing labs, setting up additional labs, hiring additional forensic technicians, and to administer a rebate program for private labs involved in testing backlogged rape kits.
2. All rape kits utilized after June 1st, 2021; shall be examined, tested for DNA samples, and further tested for DNA matches against the Frémont Department of Justice’s DNA database, within sixty (60) days of the initial forensic examination.
a. Should a law enforcement agency other than the Frémont State Police fail to provide for the examination of a rape kit within the time allotted, the Frémont State Police shall assume jurisdiction over the relevant investigation, and take possession of all evidence relevant thereto.
b. In such cases, the relevant law enforcement agency shall pay the Frémont State Police ten thousand dollars ($10,000) for their work.
3. All rape kits utilized before June 1st, 2021; and hereto unprocessed in the fashion described in Clause 2 of this Act, shall be so examined by December 31st, 2021.
a. Thereafter, such rape kits and the investigations in which they were collected shall be subject to the processes outlined in Subclauses 2a and 2b of this Act.
4. Frémont law enforcement agencies shall be required to hold an annual seminar for their employees with guidance from the Frémont Department of Justice on the procedures for handling sexual assault cases, including the importance of and requirements for timely rape kit testing.
5. The Frémont Ministry of Emergency Services shall appoint a Survivor Protection Ombudsman to coordinate communication between law enforcement agencies, sexual assault counselors and advocates, and sexual assault victims, to oversee the rape kit testing process for transparency, and to provide information to victims about their rights and options during the process.
Frémont House of Commons
Passed 7-0-0 in the Frémont Parliament Assembled,

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