2019 Alaska Statutes
Title 44. State Government
Chapter 41. Department of Public Safety
Sec. 44.41.065. Sexual assault examination kits [Effective January 1, 2020.]
(a) When a law enforcement agency collects a sexual assault examination kit under AS 18.68.010, the agency shall
(1) within 30 days after the agency collects the sexual assault examination kit, send the sexual assault examination kit to an accredited laboratory in coordination with the Department of Public Safety or a laboratory operated by the Department of Public Safety;
(2) ensure that the laboratory to which the sexual assault examination kit is sent under (1) of this subsection conducts a serological or DNA test on the sexual assault examination kit within one year after the laboratory receives the sexual assault examination kit; and
(3) within two weeks after the laboratory that receives the sexual assault examination kit under (1) of this subsection completes serological or DNA testing, make a reasonable effort to notify the victim from whom the sexual assault examination kit was collected that the sexual assault examination kit has been tested.
(b) A criminal action may not be dismissed nor the evidence deemed nonadmissible for failure to be tested within the times established in (a)(1) and (2) of this section.
(c) If a case is resolved before a sexual assault examination kit is tested, a law enforcement agency is not required to meet the time limits established in (a) of this section.
(d) In this section,
(1) “law enforcement agency” and “agency” have the meaning given to “law enforcement agency” in AS 12.36.090;
(2) “victim” has the meaning given in AS 11.41.470.
