7.12Sexual Assault Evidence Kit

A.Administration of Sexual Evidence Kit

MCL 333.21527(1) governs the requirements for administration of sexual assault evidence kits:

“If an individual alleges to a physician or other member of the attending or admitting staff of a hospital that within the preceding 120 hours the individual has been the victim of criminal sexual conduct under . . . MCL 750.520a to [MCL] 750.520l, the attending health care personnel responsible for examining or treating the individual immediately shall inform the individual of the availability of a sexual assault medical forensic examination, including the administration of a sexual assault evidence kit. If consented to by the individual, the attending health care personnel shall perform or have performed on the individual the sexual assault medical forensic examination, including the procedures required by the sexual assault evidence kit. The attending health care personnel shall also inform the individual of the provisions for payment for the sexual assault medical forensic examination under . . . MCL 18.355a.”

B.Release or Destruction of Sexual Assault Kit Evidence

The Sexual Assault Kit Evidence Submission Act, MCL 752.931 et seq., sets out certain procedures the health care facility and the law enforcement agency must follow regarding the collection, handling, and disposition of sexual assault kit evidence.

“A health care facility that has obtained written consent to release sexual assault kit evidence shall notify the investigating law enforcement agency, if known, or the law enforcement agency having jurisdiction in that portion of the local unit of government in which the medical facility is located of that fact within 24 hours after obtaining that consent.” MCL 752.933(1).

“A health care facility that has not obtained written consent to release any sexual assault kit evidence shall inform the individual from whom sexual assault kit evidence was obtained of its sexual assault kit evidence storage policy. The information provided under this subsection shall include a statement of the period for which that evidence will be stored before it is destroyed and how the individual can have the evidence released to the investigating law enforcement agency at a later date. Any sexual assault kit evidence that is not released to a law enforcement agency under this section shall be stored for a minimum of 1 year before it is destroyed.” MCL 752.933(2).

1.Release of Sexual Assault Kit Evidence to Law Enforcement Agency

“A law enforcement agency that receives notice under [MCL 752.933] that sexual assault kit evidence has been released to that law enforcement agency shall take possession of the sexual assault kit evidence from the health care facility within 14 days after receiving that notice.” MCL 752.934(1).

Note: “If [the] law enforcement agency [that was notified by a health care facility about sexual assault kit evidence] determines that the alleged sexual assault occurred within the jurisdiction of another law enforcement agency and that it does not otherwise have jurisdiction over that assault, that law enforcement agency shall notify the other law enforcement agency of that fact within 14 days after receiving the kit from the health care facility that collected the sexual assault kit evidence.” MCL 752.934(2). “A law enforcement agency that receives notice under [MCL 752.934(2)] shall take possession of the sexual assault kit evidence from the other law enforcement agency within 14 days after receiving that notice.” MCL 752.934(3).

“The investigating law enforcement agency that takes possession of any sexual assault kit evidence shall assign a criminal complaint number to that evidence in the manner required by that agency and shall submit that evidence to the department or another accredited laboratory for analysis within 14 days after that law enforcement agency takes possession of that evidence under [MCL 752.934].” MCL 752.934(4). “Each submission of sexual assault kit evidence for analysis under th[e Sexual Assault Kit Evidence Submission Act] shall be accompanied by the criminal complaint number required under [MCL 752.934(4)].” MCL 752.934(5).

Note: Sexual assault kit evidence that was received by a law enforcement agency within 30 days before [March 31, 2015¹] shall also be submitted to the department or other accredited laboratory as provided in [MCL 752.934].” MCL 752.934(4).

MCL 752.934(6) requires “[a]ll sexual assault kit evidence submitted to the department or an accredited laboratory on or after [March 31, 2015²] [to] be analyzed within 90 days after all of the necessary evidence is received by the department or other accredited laboratory, provided that sufficient staffing and resources are available to do so.” “The DNA profiles of all sexual assault kit evidence analyzed [under MCL 752.934] on or after [March 31, 2015³] shall be uploaded only into those databases at the state and national levels specified by the department.” MCL 752.934(7).

a.Failure to Comply With Requirements of Act

“The failure of a law enforcement agency to take possession of sexual assault kit evidence as provided in this act or to submit that evidence to the department or other accredited laboratory within the time prescribed under this act does not alter the authority of the law enforcement agency to take possession of that evidence or to submit that evidence to the department or other accredited laboratory under this act and does not alter the authority of the department or other accredited laboratory to accept and analyze the evidence or to upload the DNA profile obtained from that evidence into state and national DNA databases under this act.” MCL 752.934(8).

“The failure to comply with the requirements of this act does not constitute grounds in any criminal proceeding for challenging the validity of a database match or of any database information, and any evidence of that DNA record shall not be excluded by a court on those grounds.” MCL 752.934(9).

b.No Remedy for Accused or Convicted

“A person accused or convicted of committing a crime against the victim has no standing to object to any failure to comply with the requirements of this act, and the failure to comply with the requirements of this act is not grounds for setting aside the conviction or sentence.” MCL 752.934(10).

2.Notification to Victim of Destruction or Disposal of Sexual Assault Kit Evidence

“If a law enforcement agency intends to destroy or otherwise dispose of any sexual assault kit evidence in a sexual assault offense case before the expiration for the limitation period applicable under . . . MCL 767.24, and its destruction does not otherwise conflict with the requirements of . . . MCL 770.16, the law enforcement agency with the primary responsibility for investigating the case shall notify the victim of that intention in writing at least 60 days before the evidence is destroyed or otherwise disposed of.” MCL 752.935.