Bill Summary for H 29 (2019-2020)

Summary date: 

Sep 10 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 29 (Public) Filed Tuesday, February 5, 2019
AN ACT TO REQUIRE TESTING OF ALL SEXUAL ASSAULT EXAMINATION KITS.
Intro. by Boles, Belk, C. Smith, Richardson.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition.

Makes organizational changes, deleting the act's Part numbers and headings.

Amends proposed GS 15A-266.5A, establishing a protocol for statewide sexual assault examination kit testing. Regarding the review teams that must be established by any law enforcement agency that possesses a sexual assault examination kit completed on or before January 1, 2018, allows active or retired law enforcement officers to serve on review teams in addition to prosecutors, sexual assault nurse examiners, victim advocacy groups, and representatives from a forensic laboratory. 

Adds a new directive to require the State Crime Lab to report to the specified NCGA committee by March 1, 2020, on the use of funds appropriated by the act to test sexual assault evidence collection kits. Appropriates $3 million in nonrecurring funds to the Department of Justice for each fiscal year of the 2019-21 fiscal biennium for testing of untested sexual assault examination kits in accordance with new GS 15A-266.5A. Clarifies that the funds are to supplement rather than supplant existing funds providing for DNA testing to the State Crime Lab. Deems departmental receipts appropriated for the fiscal biennium as provided. 

Repeals Section 17.2 of HB 966 (Appropriations Act of 2019) if that act becomes law.

Provides that if any provision of this act and GS 143C-5-4 (enactment deadline; procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years) are in conflict, the provisions of this act prevail. Provides that the appropriations and the authorizations to allocate and spend funds which are set out in this act remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act becomes effective and governs appropriations and expenditures. 

Provides that the act applies to CODIS hits received on or after the date the act becomes law (previously, this applicability provision attached to new GS 15A-266.8(d) only). Makes conforming changes.

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