§ 23-98-2. Definitions.
For purposes of this chapter:
(1) “Accredited laboratory” means a DNA laboratory that is formally recognized and meets or exceeds a list of standards, including the Federal Bureau of Investigation (FBI) director’s quality assurance standards, to perform specific tests, established by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic community in accordance with the provisions of the federal DNA Identification Act, 42 U.S.C. § 14132, or other applicable law.
(2) “Anonymous kit” or “unreported kit” means a kit that is collected from a victim of sexual assault through a medical forensic examination where the victim elects, at the time of the examination, not to report the sexual assault offense to a law enforcement agency.
(3) “Combined DNA Index System (CODIS)” means the FBI’s program of support for criminal justice DNA databases as well as the software used to run the databases.
(4) “DNA analysis” means the isolation of autosomal deoxyribonucleic acid (DNA) to develop DNA profiles that are eligible for entry into the Combined DNA Index System (CODIS), DNA samples taken from evidence containing DNA from a known individual or of unknown origin, the determination of the DNA test results, and entry of resulting DNA profiles into CODIS.
(5) “Law enforcement agency” means a local police department, the Rhode Island state police, the office of the attorney general, or a federal, state, or local governmental body that enforces criminal laws and maintains employees who have a statutory power of arrest.
(6) “Medical forensic examination” means an examination of a sexual assault patient by a healthcare provider, ideally one who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients. Such examination may include gathering information from the patient for the medical forensic history; an examination; coordinating treatment of injuries; documentation of biological and physical findings; collection of evidence from the patient; information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and follow-up as needed to provide additional healing, treatment, or collection of evidence.
(7) “Newly collected kit” means a kit that has been collected after time frames and requirements for testing kits were enacted.
(8) “Previously untested sexual assault evidence kits” means human biological specimen(s) collected by a healthcare provider during a forensic medical examination from the victim of a sexually-oriented criminal offense that has not been through DNA analysis and has been held untested by medical facilities, law enforcement agencies, or accredited laboratories.
(9) “Sexual assault evidence kit” or “kit” means a collection of human biological specimen(s) collected by a healthcare provider during a medical forensic examination from the victim of a sex offense.
(10) “Status” means the location, date, and time when the kit is transferred within the chain of custody.
History of Section.P.L. 2022, ch. 354, § 1, effective June 29, 2022; P.L. 2022, ch. 355, § 1, effective June 29, 2022.