SB388 Alabama 2018 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2018

Title

Sexual Assault Survivors Bill of Rights, created, provide for victim notification, require submission and examination of kit within certain time, create task force

Summary

SB 388 would create a Sexual Assault Survivors Bill of Rights, require victim notification and timely handling of forensic kits, and establish a state task force to improve how sexual assault cases are managed in Alabama.

What This Bill Does

It establishes a Sexual Assault Survivors Bill of Rights that attaches when a survivor consents to a medical evidentiary examination or an interview, and the rights remain with the survivor even if they stop participating in the criminal justice process. It requires counselors during examinations and interviews, protects confidential communications, and sets protections and costs for survivors, including no charge for the medical evidentiary exam portion. It also requires prompt submission and testing of sexual assault kits within specified timeframes, creates a tracking system, and authorizes enforcement actions and data reports. Additionally, it creates a Rights of Survivors of Sexual Assault Task Force to study practices and make recommendations.

Who It Affects

• Survivors of sexual assault in Alabama would gain defined rights, protections, and information about their forensic kits and court involvement, with rights attaching upon consent and lasting even if they stop participating.
• Law enforcement agencies, prosecutors, medical providers, forensic laboratories, rape crisis centers, and state agencies would have new duties to implement the rights, run the kit tracking system, report data, and may face enforcement actions for noncompliance.

Key Provisions

• Creates the Sexual Assault Survivors Bill of Rights with defined terms (survivor, counselor, kit, laboratory, etc.).
• Rights attach upon consent to a medical evidentiary examination or interview and stay with the survivor even if they discontinue participation in the criminal justice process.
• Rights to counseling during examinations and interviews; confidential communications; privileged but waivable; counselor presence not admissible without survivor consent.
• Medical providers may not charge the survivor for the medical evidentiary exam portion; survivor must be informed of rights before exam and receive a survivor notification document; ability to shower at no cost.
• Survivor protections during interviews include the right to a counselor, a support person, and, when possible, choice of interviewer gender.
• Prompt handling of forensic evidence: kits must be delivered to the law enforcement agency within 24 hours and analyzed within 60 days; retention for 10 years or until the survivor is 40 if a minor; DNA may be uploaded to CODIS when allowed.
• Agencies must notify survivors of the lab and testing status; survivors may receive analysis results securely and confidentially, including DNA matches.
• Civil and private enforcement: the Attorney General may sue to stop violations and seek restitution; individuals may sue for damages, and courts may award attorney's fees.
• A Sexual Assault Kit Tracking System must be established to allow survivors to track their kit by phone or internet; survivors receive written tracking information.
• Data reporting to the Legislature every five years on kit counts, tracking, and testing, with the report published online.
• Rights of Survivors of Sexual Assault Task Force to study practices, make recommendations, meet periodically, collect data, and oversee ongoing improvements; required report by 2019 and periodic reconvening every five years; may hire independent experts.
• Act contingent on appropriation; if not funded, the act is void; effective date is October 1, 2018.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Sexual Assault Victims