AN ACT TO give rights of information and notification to victims regarding sexual assault examination kits.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 13 of Chapter 15A of the General Statutes is amended by adding a new section to read:

§ 15A‑266.5B.  Statewide sexual assault examination kit victim notification.

(a)        Victim Right to Information. – A victim for whom a sexual assault examination kit is submitted to the State Crime Laboratory or a laboratory approved by the State Crime Laboratory pursuant to the testing protocols of G.S. 15A‑266.5A shall have a right to know the current status regarding the testing of the victim's sexual assault examination kit.

The State Crime Laboratory shall develop procedures by which victims may exercise the right created under this subsection.

(b)        Victim Right to Notification. – A victim for whom a sexual assault examination kit is submitted to the State Crime Laboratory or a laboratory approved by the State Crime Laboratory pursuant to the testing protocols of G.S. 15A‑266.5A shall have a right to be notified in each of the following circumstances:

(1)        When a determination is made that the victim's sexual assault examination kit is unable to be tested.

(2)        When a decision is made not to test the victim's sexual assault examination kit for a reason other than that found in subdivision (1) of this subsection.

(3)        When a decision is made to destroy the victim's sexual assault examination kit.

The State Crime Laboratory shall develop procedures by which victims will be notified pursuant to this subsection, including the manner in which victim contact information will be gathered by the State Crime Laboratory or a laboratory approved by the State Crime Laboratory and the method or methods by which victims will be notified. It shall be the responsibility of the victim to ensure that the State Crime Laboratory or a laboratory approved by the State Crime Laboratory has the victim's required and current contact information.

SECTION 2.  This act becomes effective October 1, 2023, and applies to sexual assault examination kits submitted before, on, or after that date.