1. A. A health care provider that performs a sexual assault evidence collection kit exam on a victim of sexual assault shall provide the victim with:

   1. (1) If known, contact information for the investigating law enforcement agency that the victim may contact about the status and results of the kit analysis;
   2. (2) Written information describing the laws and policies governing the testing, preservation, and disposal of a sexual assault evidence collection kit; and
   3. (3) Notice of the right to request an independent review of a law enforcement agency’s decision not to test a sexual assault evidence collection kit.

2. B. An investigating law enforcement agency that receives a sexual assault evidence collection kit, within 30 days after a request by the victim from whom the evidence was collected, shall provide the victim with:

   1. (1) The law enforcement agency’s decision regarding whether to send the sexual assault evidence collection kit to a forensic laboratory for analysis;
   2. (2) The law enforcement agency’s decision regarding whether to send the sexual assault evidence collection kit to a forensic laboratory for analysis;
   3. (3) All available results of the kit analysis except results that would impede or compromise an ongoing investigation.

Authority: Criminal Procedure Article, §11-926(e), Annotated Code of Maryland

Effective date: October 8, 2018 (45:20 Md. R. 917)

Regulation .03 amended effective May 4, 2020 (47:9 Md. R. 476)

Regulation .04A amended effective May 4, 2020 (47:9 Md. R. 476)

Regulation .05 repealed effective May 4, 2020 (47:9 Md. R. 476)