(a)
(1) The right not to be prevented from, or charged for, receiving a medical forensic examination.
(2) The right to—
(A) subject to paragraph (3), have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter;
(B) be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and
(C) be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.
(3) The right to—
(A) upon written request, receive written notification from the appropriate official with custody not later than 60 days before the date of the intended destruction or disposal; and
(B) upon written request, be granted further preservation of the kit or its probative contents.
(4) The right to be informed of the rights under this subsection.
(b)
(c)
(d)
References in Text
Section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984, referred to in subsec. (d), is section 1402(d)(3)(A)(i) of chapter XIV of title II of Pub. L. 98–473, which was classified to section 10601(d)(3)(A)(i) of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20101(d)(3)(A)(i) of Title 34, Crime Control and Law Enforcement.
Prior Provisions
A prior section 3772, acts June 25, 1948, ch. 645, 62 Stat. 846; May 24, 1949, ch. 139, §60, 63 Stat. 98; July 7, 1958, Pub. L. 85–508, §12(l), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, §14(h), 73 Stat. 11; Oct. 12, 1984, Pub. L. 98–473, title II, §206, 98 Stat. 1986, related to procedure after verdict, prior to repeal by Pub. L. 100–702, title IV, §§404(a), 407, Nov. 19, 1988, 102 Stat. 4651, 4652, effective Dec. 1, 1988.
1 See References in Text note below.