House Passes McClellan Bill to Preserve Sexual Assault Evidence for 10 Years or More

Bill Has Now Passed Both Senate and House Unanimously

RICHMOND, Va. – Today, the House of Delegates unanimously passed Sen. Jennifer McClellan’s (D-Richmond) SB 658 to require that law enforcement store physical evidence recovery kits (PERKs) for at least 10 years for victims of sexual assault. 

McClellan’s bill passed the Senate unanimously on February 10. It now returns to the Senate for a vote on a technical amendment, then moves to the Governor’s desk for signature.

“This is a major step to support victims of sexual assault in Virginia,” Sen. McClellan said. “This bill will preserve evidence for at least 10 years, and end exceptions that have led to the destruction of evidence. Virginia has made major strides in clearing our rape kit backlog, but we have more work to do to preserve evidence of sexual assault. I look forward to seeing this bipartisan-backed bill signed into law.”

Under Virginia law, the Department of Forensic Science provides PERKs to health care providers to collect evidence from victims of sexual assault during forensic medical examinations, and to the Office of the Chief Medical Examiner for death investigations in which the deceased may have been a victim of sexual assault. 

However, current law includes several exemptions to storage of PERKs, including if the incident is initially classified as “no crime occurred” or if law enforcement initially determines that analysis is not necessary as part of a death investigation. PERKs also may not be preserved if they are connected to a crime that occurred outside of Virginia or a crime being investigated by another law enforcement agency, and the kits are not transferred to another agency.

McClellan’s bill will close these exemptions, ensuring that all PERKs are kept for at least 10 years. McClellan’s bill also requires preservation of PERKs for minor victims until 10 years after they turn 18. The bill also requires law enforcement to inform a victim of the identification number assigned to the kit by a health care provider and gives them information about the kit, unless the information were to compromise an investigation. 

“Virginia Victim Assistance Network celebrates with Senator McClellan as the General Assembly approves SB658, improving storage, notification, and tracking procedures for physical evidence recovery kits,” said Virginia Victim Assistance Network Executive Director, Kate Hanger. “Senator McClellan included survivors in this effort, ensuring they are fully informed about their case. We thank the Senator for carrying this important legislation.”

A recent analysis of Virginia State Police cases in Virginia showed that fewer than 20% of all rape cases in the state were cleared by arrest. Since there is no statute of limitations on felony criminal sexual assault in Virginia, preserving PERKs will allow for future testing and use of DNA evidence.