RCW 70.125.101 Storage and preservation of unreported and untested sexual assault kits. (Expires June 30, 2020.)

(1) Beginning on April 23, 2019, untested sexual assault kits may not be disposed of or otherwise destroyed, and must be adequately preserved for the purpose of forensic analysis and potential use in criminal investigations.

(2) Except as provided in subsection (4) of this section, unreported sexual assault kits collected prior to April 23, 2019, must be stored by the entity responsible for the collection or its designee.

(3) Except as provided in subsection (4) of this section, unreported sexual assault kits collected on or after April 23, 2019, must be transferred to and stored by the Washington state patrol crime laboratory or its designee.

(4) In lieu of the storage requirements under subsection (2) or (3) of this section, a collecting entity may enter into an agreement with a local law enforcement agency or other third party for the storage of unreported sexual assault kits.

(5) For the purposes of this section:

(a) "Unreported sexual assault kit" means a sexual assault kit collected from a victim who has consented to the collection of the sexual assault kit but who has not reported the alleged crime to law enforcement.

(b) "Untested sexual assault kit" means a sexual assault kit that has not been submitted for forensic analysis to a forensic laboratory with combined DNA index system-eligible DNA methodologies. "Untested sexual assault kits" include unreported sexual assault kits as well as any untested sexual assault kits associated with a criminal report or investigation.

(6) This section expires June 30, 2020.

[ 2019 c 93 § 8.]

NOTES:

Effective date—2019 c 93 §§ 1, 2, and 8: See note following RCW 43.10.800.