Section 10172.5 - Rights of sexual assault victims(a)General rule.--In addition to the rights provided under the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, a sexual assault victim, guardian of a sexual assault victim or close relative of a deceased sexual assault victim shall have all of the following rights, if requested by the victim, guardian or relative: (1) The right to a disclosure of information regarding the submission of any evidence for forensic testing that was collected from the victim during the investigation of the offense, unless disclosing the information would interfere with the investigation or prosecution of the offense, in which case the victim, guardian or relative shall be informed of the estimated date on which the information is expected to be disclosed, if known.(2) The right to a disclosure of information regarding the status of any analysis being performed on any evidence that was collected during the investigation of the offense.(3) The right to be notified: (i) at the time a request is submitted to a crime laboratory to test and analyze any evidence that was collected during the investigation of the offense;(ii) at the time of the submission of a request to compare any biological evidence collected during the investigation of the offense with DNA profiles maintained in CODIS, or any other federally administered national DNA database, or a state DNA database; and(iii) of whether the comparison provided under subparagraph (ii) resulted in a match, unless disclosing the results would interfere with the investigation or prosecution of the offense, in which case the victim, guardian or relative shall be informed of the estimated date on which the results are expected to be disclosed, if known.(4) The right to not be prevented from, or charged for, receiving a medical forensic examination.(5) The right to: (i) subject to paragraph (6) and section 3(c)(1), have a sexual assault evidence collection kit or its probative contents relating to the victim preserved, without charge, for the duration of the maximum applicable criminal statute of limitations; and(ii) be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.(6) The right to, upon written request, receive written notification from the appropriate official with custody of a sexual assault evidence collection kit or its probative contents relating to the victim not later than 60 days before the date of the intended destruction or disposal of the sexual assault evidence collection kit or its probative contents. (7) The right to consult with a sexual assault counselor.(8) The right to receive information concerning availability of protective orders and policies related to the enforcement of protective orders.(9) The right to receivE information about the availability of, and eligibility for, victim compensation and restitution.(10) The right to be informed of the rights under this subsection. (b) Notification.-- (1) A victim, guardian or relative who requests to be notified under subsection (a)(3) or (6) must provide a current address and telephone number to the attorney representing the Commonwealth and to the local law enforcement agency that is investigating the offense. The victim, guardian or relative must inform the attorney representing the Commonwealth and the local law enforcement agency of any change in the address or telephone number.(2) A victim, guardian or relative may designate a person, including an entity that provides services to victims of sexual assault, to receive any notice requested under subsection (a)(3) or (6).(3) The appropriate official with custody of the sexual assault evidence collection kit under subsection (a)(6) shall collaborate with a sexual assault counselor to employ best practices when notifying a victim of information pertinent to the victim.(4) The Attorney General shall, in consultation with the Office of Victim Advocate, the Pennsylvania State Police, the Pennsylvania Chiefs of Police Association, the Pennsylvania District Attorneys Association and the Pennsylvania Coalition Against Rape, develop a standard protocol for notifying sexual assault victims of information relating to evidence gathered regarding the victim. The Office of Victim Advocate shall disseminate the standard protocol developed under this paragraph to law enforcement agencies, rape crisis centers, sexual assault counselors and health care facilities that the Office of Victim Advocate determines are likely to encounter sexual assault victims. The Attorney General, the Pennsylvania State Police, the Pennsylvania Chiefs of Police Association, the Pennsylvania District Attorneys Association, the Pennsylvania Coalition Against Rape and the Office of Victim Advocate shall make the standard protocol available on a publicly accessible internet website.(b.1) Anonymous reporters.-- (1) A victim who has chosen to make an anonymous report may still elect to receive notification under this section.(2) The form for consent for anonymous testing shall include a provision for submission of contact information for a victim requesting notification .(3) The contact information provided for the purposes of notification shall not, without permission from the victim, be used for any other purpose, including contacting the victim for investigative purposes.(c)Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Closerelative of a deceased sexual assaultvictim." An individual who:
(1) was the spouse of a deceased sexual assault victim at the time of the victim's death; or(2) is a parent, legal guardian or adult brother, sister or child of a deceased sexual assault victim."Sexual assault counselor." As defined in 42 Pa.C.S. § 5945.1 (relating to confidential communications with sexual assault counselors).
Amended by P.L. TBD 2019 No. 29, § 2, eff. 8/27/2019.Added by P.L. TBD 2015 No. 27, § 4, eff. 9/8/2015.