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Section 50

DNA Exception to Statute of Limitations 1

Chapter 41 of the General Laws is hereby amended by striking out section 97B1/2, as so appearing, and inserting in place thereof the following section:-
Section 97B1/2. (a) A hospital licensed pursuant to chapter 111 and all other medical facilities that conduct medical forensic examinations shall notify a local law enforcement agency at the time the evidence of a sexual assault is obtained and not later than 24 hours after using a new kit for the collection of sexual assault evidence.
(b) Local law enforcement agencies shall:
(1) take possession of the sexual assault evidence kit from hospitals and other medical facilities that conduct medical forensic examinations within 3 business days of notification; and
(2) submit new sexual assault evidence kits to the crime laboratory within the department of state police or the police department of a municipality that operates a crime laboratory and has a population of more than 150,000, in the case of a sexual assault alleged to have taken place in that municipality, within 7 business days of taking possession; provided, however, that noninvestigatory sexual assault evidence kits associated with a victim who has not yet filed a report with a law enforcement agency shall not be subject to the 7-day requirement; provided further, that noninvestigatory sexual assault evidence kits shall be safely stored by law enforcement in a manner that preserves evidence for the duration of the statute of limitations for all sexual assault and rape cases; and provided further, that all sexual assault evidence kits shall be retained for at least 15 years.
(c) The crime laboratory within the department of state police or the police department of a municipality that operates a crime laboratory and has a population of more than 150,000, in the case of a sexual assault alleged to have taken place in that municipality, shall test all sexual assault evidence kits within 30 days of receipt from a local law enforcement agency, notwithstanding the statute of limitations on the underlying offense.
(d) In cases where testing results in a DNA profile, the crime laboratory shall enter the full profile into CODIS and the state DNA database.
(e) Each sexual assault evidence kit shall be entered into the statewide sexual assault evidence kit tracking system pursuant to section 18X of chapter 6A.

Electronic Notifications 4

Addresses on Election Ballots 1
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