Sec. 02.08.01.03. Information Provided to Victims  


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  • A. A health care provider that performs a sexual assault evidence collection kit exam on a victim of sexual assault shall provide the victim with:

    (1) If known, contact information for the investigating law enforcement agency that the victim may contact about the status and results of the kit analysis;

    (2) Written information describing the laws and policies governing the testing, preservation, and disposal of a sexual assault evidence collection kit; and

    (3) Notice of the right to request an independent review of a law enforcement agency’s decision not to test a sexual assault evidence collection kit.

    B. An investigating law enforcement agency that receives a sexual assault evidence collection kit, within 30 days after a request by the victim from whom the evidence was collected, shall provide the victim with:

    (1) The law enforcement agency’s decision regarding whether to send the sexual assault evidence collection kit to a forensic laboratory for analysis;

    (2) The law enforcement agency’s decision regarding whether to send the sexual assault evidence collection kit to a forensic laboratory for analysis;

    (3) All available results of the kit analysis except results that would impede or compromise an ongoing investigation.