by
<a href="mailto:sharons@awcnet.org">Sharon Swanson</a>, <a href="mailto:shannonm@awcnet.org">Shannon McClelland</a> | Apr 12, 2019
<a target="_blank" href="https://app.leg.wa.gov/billsummary?BillNumber=1166&Year=2019&Initiative=false"><strong>HB 1166</strong></a>, sponsored by Rep. Tina Orwall (D–Des Moines), updates provisions relating to the rights of sexual assault survivors, and addresses the storage and submittal of sexual assault kits (SAKs).
HB 1166, sponsored by Rep. Tina Orwall (D–Des Moines), updates provisions relating to the rights of sexual assault survivors, and addresses the storage and submittal of sexual assault kits (SAKs). The Legislature passed the bill on April 11. The bill is awaiting signature by the Governor.
HB 1166 was amended in the House but remained unchanged in the Senate. The enrolled bill does the following:
- Requires submittal of a SAK for testing only when there is a related report of a sexual assault or other crime to a law enforcement agency;
- Establishes rights for sexual assault survivors regardless of the victim’s participation in the investigation or prosecution, including a forensic examination to collect evidence;
- Extends the statute of limitations for prosecuting a sex offense from one year to two years;
- Adds a section on SAK storage requirements, including kits from unreported assaults and those that have not been tested. These requirements are in place until June 30, 2020, and no SAKs may be destroyed in that time;
- Requires law enforcement agencies to submit all SAKs collected prior to July 24, 2015 to the Washington State Patrol (WSP) crime laboratory for testing no later than October 1, 2019 unless:
- A previous forensic analysis on the SAK occurred;
- Documentation shows an adult or emancipated minor victim does not want their SAK tested; or
- The SAK is not for an investigative purpose and a law enforcement agency is storing it under an agreement with a hospital or other medical provider.
- Requires WSP to test all previously unsubmitted SAKs by December 1, 2021;
- Beginning May 1, 2022, requires WSP to complete SAK testing within 45 days;
- Renames the Sexual Assault Forensic Evidence task force (SAFE) is to the Sexual Assault Forensic Examination Best Practices Advisory Group and continues this work to December 31, 2021;
- Requires a performance audit of WSP from January 1, 2022 to December 31, 2022; and
- Extends the annual SAK testing reporting requirements for WSP to submit to the Legislature until June 30, 2023.