HB 169

Under existing law, a law enforcement agency is not required to preserve or retain sexual assault evidence until a criminal case is resolved

This bill would require any law enforcement agency investigating a case involving a sex offense to preserve and retain all evidence of commission of the offense until the case has been resolved

Relating to law enforcement agencies; to require any law enforcement agency investigating a case involving a sex offense to preserve and retain all evidence of commission of the offense until the case has been resolved.

Section 1

(a) Any law enforcement agency that is investigating a case involving a sex offense as defined by Section 15-20A-5, Code of Alabama 1975, shall preserve and retain all evidence of the commission of the offense until the case has been resolved. (b) For purposes of this act, "resolved" means that the case resulted in a plea of guilty, conviction, acquittal, or dismissal with prejudice and the defendant has exhausted all remedies on appeal.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.