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California Code, Penal Code - PEN § 422.77

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Sec. 2. (a) Each county or regional sexual assault response team shall develop a plan that establishes the protocol for sexual assault victim response and treatment, including the:

(1) collection;

(2) preservation;

(3) secured storage;  and

(4) destruction;

of samples.

(b) The plan under subsection (a) shall address the following regarding an alleged sexual assault victim who is at least eighteen (18) years of age and who either reports a sexual assault or elects not to report a sexual assault to law enforcement:

(1) The method of maintaining the confidentiality of the alleged sexual assault victim regarding the chain of custody and secured storage of a sample.

(2) The development of a victim notification form that notifies an alleged sexual assault victim of his or her rights under the law.

(3) How a victim will receive the victim notification form.

(4) Identification of law enforcement agencies that will be responsible to transport samples.

(5) Agreements between medical providers and law enforcement agencies to pick up and store samples.

(6) Maintaining samples in secured storage.

(7) Procedures to destroy a sample following applicable statute of limitations.

Cite this article: - California Code, Penal Code - PEN § 422.77 - last updated January 01, 2019 |

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