GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

SESSION LAW 2018-70
HOUSE BILL 945

AN ACT TO CREATE THE STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION
KIT TRACKING SYSTEM AND TO REQUIRE TESTING OF PREVIOUSLY

UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KITS, AS
RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON
JUSTICE AND PUBLIC SAFETY.

The General Assembly of North Carolina enacts:

SECTION 1. Article 9 of Chapter 114 of the General Statutes is amended by adding

a new section to read:
§ 114-65. Statewide sexual assault evidence collection kit tracking system.
(a) Legislative Intent. – The General Assembly finds that the preservation and testing of
sexual assault evidence collection kits (SAECK or “kit”) are important to public safety. Timely
testingisvitaltosolvecases,punishoffenders,bringjusticetovictims,and prevent futurecrimes.
It is the intent of the General Assembly that every sexual assault evidence collection kit in North
Carolina be tested. Sexual assault victims deserve no less.

(a1) Establishment of System. – There is established in the State Crime Laboratory the
Statewide Sexual Assault Evidence Collection Kit Tracking System (the System). All sexual
assault evidence collection kits purchased or distributed under G.S. 143B-1201 on or after
October 1, 2018, shall be trackable and shall comply with the requirements of the System. The
Director of the State Crime Laboratory (Director) shall implement protocols and administer the
System. The Secretary of the Department of Public Safety (Secretary) shall adopt rules,

guidelines, and sanctions, for agencies required to participate in the System under this section.
TheDirectorshall guidelines for agenciesrequired to participatein the System underthis section.
The Director shall ensure that the System protects victim information against disclosure to
nonparticipating agencies. Except as otherwise required for reporting under subsection (e) of this
section, information maintained in the System is confidential and not a public record as defined
in G.S. 132-1.
(b) Required Participation. – All medical providers, law enforcement agencies, forensic

laboratories, or other persons or entities having custody or use of any sexual assault evidence
collection kit in the State shall participate in the System and comply with the established
protocols, rules, and guidelines. A participating entity shall be permitted to access the entity's
tracking information through the System.
(c) Victim's Access to View Status of Kit. – It is the policy of the State to ensure that a
victim of sexual assault or attempted sexual assault is able to track the location of the sexual
assault evidence collection kit used to conduct the victim's forensic medical examination and that

the victim is also able to determine whether forensic testing of the kit has been completed.
(d) Tracking of Previously Untested Kits. – The Director shall implement protocols and
the Secretary shall adopt rules and guidelines to ensure that previously untested sexual assault
evidence collection kits are trackable and are entered into the System. Any law enforcement
agency, medical provider, or forensic laboratory that has in its custody a previously untested

*H945-v-4*sexual assault evidence collection kit used for a forensic medical examination shall comply with

the established protocols, rules, and guidelines with respect to all untested kits.
For purposes of this subsection, a previouslyuntested sexual assault evidence collection kit
means anykit that has not undergone forensic testing and was identified and included in the 2017
statewide inventory of kits in law enforcement custody pursuant to Section 17.7 of S.L. 2017-57.
To the extent practicable, and consistent with protecting victim confidentiality for unreported
sexual assaults, a law enforcement agency having custody of a kit governed by this subsection

shall takereasonablemeasures to provideappropriatetrackinginformationto theaffectedvictim.
(e) Annual Report to the General Assembly. – Beginning October 1, 2019, and annually
thereafter, the Director shall report to the Joint Legislative Oversight Committee on Justice and
Public Safety the following information for the previous fiscal year:
(1) The number of tracking-enabled kits shipped to medical facilities or medical
providers.
(2) The number of tracking-enabled kits used by medical facilities or medical

providers to conduct forensic medical examinations of sexual assault or
attempted sexual assault victims.
(3) Of the tracking-enabled kits used bymedical facilities or medical providers to
conduct forensic medical examinations, the number of kits for which a sexual
assault has been reported to law enforcement, sorted by law enforcement
agency.

(4) Of the tracking-enabled kits generated for reported cases, the number of kits
submitted to a laboratory for forensic testing.
(5) Of the tracking-enabled kits submitted for forensic testing, the number of kits
for which forensic testing has been completed.
(6) The number of tracking-enabled kits for which a sexual assault has not been
reported, including the total submitted to local law enforcement and the total
submittedto DepartmentofPublicSafetyLawEnforcement Support Services.

(7) Information regarding efforts to track and test previously untested kits
described in subsection (d) of this section.
SECTION 2. G.S. 143B-1201 reads as rewritten:
§ 143B-1201. Restitution; actions.
(a) The Program shall be an eligible recipient for restitution or reparation under
G.S. 15A-1021, 15A-1343, 148-33.1, 148-33.2, 148-57.1, and any other applicable statutes.
(b) When any victim who:

(1) Has received assistance under this Part;
(2) Brings an action for damages arising out of the rape, attempted rape, sexual
offense, or attempted sexual offense for which she received that assistance;
and
(3) Recovers damages including the expenses for which she was awarded
assistance, the court shall make as part of its judgment an order for

reimbursement to the Program of the amount of any assistance awarded less
reasonable expenses allocated by the court to that recovery.
(c) Funds appropriated to the Department of Public Safety for this program may be used
to purchase and distribute rape sexual assault evidence collection kits approved by the State
Bureau of Investigation.Director of the State Crime Laboratory.
(d) The Secretary, in consultation with the Director of the State Crime Laboratory, shall
requirethat all sexual assault evidence collectionkits purchasedordistributedonorafterOctober

1, 2018, are compatible with the Statewide Sexual Assault Evidence Collection Kit Tracking
System established under G.S. 114-65.
SECTION 3. The Secretary of the Department of Public Safety shall convene a
working group to make recommendations regardingthe testingpriorityof untested sexual assault

Page 2 Session Law 2018-70 House Bill 945kits identified in the 2017 Sexual Assault Evidence Collection Kit Law Enforcement Report
made pursuant to Section 17.7 of S.L. 2017-57. The working group shall include representatives
from law enforcement, victims' advocates such as the North Carolina Victim Assistance Network
and the North Carolina Coalition Against Sexual Assault, RTI International, the North Carolina
Department of Justice, prosecutors, and criminal defense attorneys. The working group shall

develop findings and recommendations including a strategic plan to (i) establish the order of
priority for testing kits; (ii) test all of the kits that can be tested; (iii) direct the preservation of all
kits; (iv) suggest sanctions for the destruction or contamination of kits in violation of G.S. 15A-
268; and (v) develop statewide protocols to test sexual assault evidence collection kits in the
future. Theworking group statewideprotocol fortestingfuturesexual assault evidence collection
kits. The working group shall also make findings and recommendations to the Secretary and to

the Director with respect to developing the protocols, rules, and guidelines for the System under
G.S. 114-65(a). The Secretary shall submit the findings and recommendations of the working
group to the Joint Legislative Oversight Committee on Justice and Public Safetyby December 1,
2018.
SECTION 4. This act is effective when it becomes law.
th
In the General Assembly read three times and ratified this the 15 day of June, 2018.

s/ Philip E. Berger
President Pro Tempore of the Senate

s/ Tim Moore
Speaker of the House of Representatives

s/ Roy Cooper
Governor

Approved 10:38 a.m. this 25 day of June, 2018

House Bill 945 Session Law 2018-70 Page 3