Physical evidence recovery kits; victim's right to notification, storage.
Summary
Physical evidence recovery kits; victim's right to notification; storage. Provides that for a physical evidence recovery kit that (i) was collected by the Office of the Chief Medical Examiner as part of a routine death investigation and the medical examiner and the law-enforcement agency agree that analysis is not warranted, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, the law-enforcement agency that received the physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. The bill provides that after the mandatory retention period, the law-enforcement agency may destroy the physical evidence recovery kit, or in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time. The bill also provides that when a state or local law-enforcement agency located within the Commonwealth has taken over responsibility for the investigation related to the physical evidence recovery kit, unless one of the other exceptions for submitting such kit to the Department of Forensic Science applies, the physical evidence recovery kit shall be transferred to such law-enforcement agency and such law-enforcement agency shall submit the physical evidence recovery kit to the Department of Forensic Science within 60 days of receipt from the original receiving law-enforcement agency.The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and the personal identification number required to view the status of the physical evidence recovery kit and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known. This bill is identical to SB 658.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2022
Committee Review
Feb 2022
House of Delegates Passage
Feb 2022
Senate Passage
Feb 2022
Signed into Law
Apr 2022
Introduced Jan 11, 2022
Signed Apr 11, 2022
Floor votes · Senate Feb 21, 2022 · House of Delegates Feb 3, 2022
How they voted
33–0
Passed
Total votes 33
Feb 21, 2022
D
Democratic17
100% Yea
R
Republican16
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
36
Key actions
12
Committee
11
Amendments
3
Apr 11, 2022
Signed into law
Approved by Governor-Chapter 453 (effective 7/1/22)
executive
Feb 23, 2022
Introduced
Senate amendment agreed to by House (100-Y 0-N)
lower
Feb 21, 2022
Upper · Passed
Passed Senate with amendment (40-Y 0-N)
upper
Feb 21, 2022
Introduced
Engrossed by Senate as amended
upper
Feb 21, 2022
Upper · Passed
Committee amendment agreed to
upper
Feb 21, 2022
Introduced
Reading of amendment waived
upper
Feb 16, 2022
Upper · Passed
Reported from Judiciary with amendment (10-Y 0-N)
upper
Feb 16, 2022
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 4, 2022
Committee
Referred to Committee on the Judiciary
upper
Feb 3, 2022
Lower · Passed
Passed House (100-Y 0-N)
lower
Feb 3, 2022
Lower · Passed
Read third time and passed House Block Vote (99-Y 0-N)
lower
Feb 2, 2022
Lower · Passed
Engrossed by House - committee substitute HB719H1
lower
Feb 2, 2022
Lower · Passed
Committee substitute agreed to 22105163D-H1
lower
Jan 28, 2022
Lower · Passed
Reported from Courts of Justice with substitute (18-Y 0-N)
lower
Jan 26, 2022
Lower · Passed
Subcommittee recommends reporting with substitute (8-Y 0-N)
lower
Jan 26, 2022
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 25, 2022
Committee
Assigned Courts sub: Subcommittee #1
lower
Jan 11, 2022
Committee
Referred to Committee for Courts of Justice
lower
Jan 11, 2022
Introduced
Prefiled and ordered printed; offered 01/12/22 22103051D
lower
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Eileen Filler-Corn
DDemocratic
Co
Margaret Ransone
RRepublican
Co
Robert B. Bell
RRepublican
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