I. In addition to the rights of a crime victim provided in RSA 21-M:8-k, a sexual assault survivor shall have the following rights:
- (a) The right not to be prevented from, or charged for, receiving a medical examination.
(b) The right to:
- (1) Have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter;
- (2) Be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and
- (3) Be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.
(c) The right, if the state intends to destroy or dispose of a sexual assault evidence collection kit or its probative contents before the expiration date of the maximum applicable statute of limitations, to:
- (1) Upon written request, receive written notification from the prosecutor or appropriate state official with custody not later than 60 days before the date of the intended destruction or disposal; and
- (2) Upon written request, be granted further preservation of the kit or its probative contents.
- (d) The right to be informed of the rights under this section.
- II. In this subdivision, "sexual assault survivor" includes a deceased victim of sexual assault.
Source. 2018, 276:1, eff. Aug. 17, 2018.