§ 10172.5. Rights of sexual assault victims
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: August 27, 2019
Effective: August 27, 2019
35 P.S. § 10172.5
§ 10172.5. Rights of sexual assault victims
(a) General rule.--In addition to the rights provided under the act of November 24, 1998 (P.L. 882, No. 111),1 known as the Crime Victims Act, a sexual assault victim, guardian of a sexual assault victim or close relative of a deceased sexual assault victim shall have all of the following rights, if requested by the victim, guardian or relative:
(1) The right to a disclosure of information regarding the submission of any evidence for forensic testing that was collected from the victim during the investigation of the offense, unless disclosing the information would interfere with the investigation or prosecution of the offense, in which case the victim, guardian or relative shall be informed of the estimated date on which the information is expected to be disclosed, if known.
(iii) of whether the comparison provided under subparagraph (ii) resulted in a match, unless disclosing the results would interfere with the investigation or prosecution of the offense, in which case the victim, guardian or relative shall be informed of the estimated date on which the results are expected to be disclosed, if known.
(i) subject to paragraph (6) and section 3(c)(1),2 have a sexual assault evidence collection kit or its probative contents relating to the victim preserved, without charge, for the duration of the maximum applicable criminal statute of limitations; and
(6) The right to, upon written request, receive written notification from the appropriate official with custody of a sexual assault evidence collection kit or its probative contents relating to the victim not later than 60 days before the date of the intended destruction or disposal of the sexual assault evidence collection kit or its probative contents.
(1) A victim, guardian or relative who requests to be notified under subsection (a)(3) or (6) must provide a current address and telephone number to the attorney representing the Commonwealth and to the local law enforcement agency that is investigating the offense. The victim, guardian or relative must inform the attorney representing the Commonwealth and the local law enforcement agency of any change in the address or telephone number.
(4) The Attorney General shall, in consultation with the office of victim advocate, the Pennsylvania State Police, the Pennsylvania Chiefs of Police Association, the Pennsylvania District Attorneys Association and the Pennsylvania Coalition Against Rape, develop a standard protocol for notifying sexual assault victims of information relating to evidence gathered regarding the victim. The Office of Victim Advocate shall disseminate the standard protocol developed under this paragraph to law enforcement agencies, rape crisis centers, sexual assault counselors and health care facilities that the Office of Victim Advocate determines are likely to encounter sexual assault victims. The Attorney General, the Pennsylvania State Police, the Pennsylvania Chiefs of Police Association, the Pennsylvania District Attorneys Association, the Pennsylvania Coalition Against Rape and the Office of Victim Advocate shall make the standard protocol available on a publicly accessible Internet website.
“Close relative of a deceased sexual assault victim.” An individual who:
“Sexual assault counselor.” As defined in 42 Pa.C.S. § 5945.1 (relating to confidential communications with sexual assault counselors).
Credits
2006, Nov. 29, P.L. 1471, No. 165, § 5, added 2015, July 10, P.L. 142, No. 27, § 4, effective in 60 days [Sept. 8, 2015]. Amended 2019, June 28, P.L. 223, No. 29, § 2, effective in 60 days [Aug. 27, 2019].
35 P.S. § 10172.5, PA ST 35 P.S. § 10172.5
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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