Senate Bill 349 Criminal Procedure – Sexual Assault Victims’ Rights – Disposal of Rape Kit
Evidence and Notification - 2017
Position: Support with Amendments
Bill Summary
SB 349 would require health care providers to provide victims of sexual assault with written
information describing the laws and policies governing the testing, preservation, and disposal of
a sexual assault evidence collection kit; prohibit a law enforcement agency, government agency,
or health care provider from destroying or disposing of a sexual assault evidence collection kit or
other crime scene evidence relating to a sexual assault within 20 years after it is collected; etc.
MHA Position
Maryland’s hospitals support efforts that protect and empower victims of sexual assault,
including the Attorney General’s recommendation that sexual assault evidence be preserved for
at least 20 years. Preservation of this evidence is important so that victims, if they choose, can
pursue legal action against their attackers; evidence collected by specially trained Sexual Assault
Forensic Examiners results in higher prosecution rates and convictions.
The 20-year minimum would bring Maryland into compliance with federal law, and standardize
preservation across jurisdictions (Maryland law does not require law enforcement agencies to
collect, store, track or test sexual assault evidence kits, and no uniform standards exist to guide
law enforcement agencies). The Survivor’s Bill of Rights Act of 2016 and national standards
recommend that evidence relating to an assault, including rape kits, not be held in custody of
health care providers, but with law enforcement. Based on this recommendation, MHA requests
amending bill to clarify who maintains custody of sexual assault evidence. The amendments are:
 Pg. 2 Line 17, Section (C), (1) A LAW ENFORCEMENT AGENCY OR
GOVERNMENT AGENCY MAY NOT DESTROY OR DISPOSE OF A SEXUAL
ASSAULT EVIDENCE COLLECTION KIT OR OTHER CRIME SCENE EVIDENCE
RELATING TO A SEXUAL ASSAULT WITHIN 20 YEARS AFTER THE
EVIDENCE IS COLLECTED.
 Pg. 2 Line 22 Section (C) (2) ON WRITTEN REQUEST BY THE VICTIM FROM
WHOM THE EVIDENCE WAS COLLECTED, A LAW ENFORCMENT AGENCY
OR GOVERNMENT AGENCY WITH CUSTODY OF A SEXUAL ASSAULT
EVIDENCE COLLECTION KIT OR OTHER CRIME SCENE EVIDENCE RELATION
TO A SEXUAL ASSAULT SHALL:
*strike healthcare providers in both sections.
For these reasons, we urge you to give SB 349 a favorable report, with the amendments noted
above.