Sexual Assault Evidence Collection Kit Legislation Information
For questions, please contact:
Staci Bennett, Assistant Laboratory Director
(651) 793-2980 or staci.bennett@state.mn.us
Starting January 1, 2021, ALL Unrestricted Sexual Assault Evidence Collection Kits are required to be submitted to a forensic laboratory. The Bureau of Criminal Apprehension Forensic Science Services (BCA FSS) qualifies as one of these forensic laboratories.
Also starting January 1, 2021, ALL Restricted Sexual Assault Evidence Collection Kits are required to be submitted to the BCA.
Based on status (Restricted, Unrestricted) kits will be submitted with timelines described below:
Restricted Kits
"Restricted sexual assault examination kit" means a kit that does not have an accompanying release form signed by the patient authorizing law enforcement to submit the kit to a forensic laboratory. A health care professional shall provide the patient with information about how to convert a restricted sexual assault examination kit to unrestricted status.
"Release form" (also referred to as Sexual Assault Evidence Testing and Storage Consent Form) means a document provided by the hospital to the patient at the time of the sexual assault examination that gives the patient the option of authorizing, in writing, the release of the kit to law enforcement.
Within 60 days of a hospital preparing a restricted sexual assault examination kit, the kit* shall be submitted to the Bureau of Criminal Apprehension (BCA).
A Restricted Kit Submission Form will need to be included with each kit submitted to the BCA for storage. This Restricted Kit Submission Form will act as a receipt and a copy will be returned to the submitting medical facility or law enforcement agency as indicated on the form.
Options for transmission of the kit include submission in person at BCA or sending the kit(s) by mail or delivery service. If the restricted kit is being transported to the BCA by the law enforcement agency, the kits must be clearly marked as "restricted" to ensure proper barcoding and receipt.
The BCA FSS will store all restricted kits for at least 30 months from the date of the receipt of the kit at the BCA. The BCA FSS will maintain the confidentiality of any provided patient information (incident date, name, DOB and medical facility ID#).
* "Kit" may include Sexual Assault Examination Collection Kits, Toxicology Blood and Urine Kits
Unrestricted Kits
"Unrestricted sexual assault examination kit" means a kit that has an accompanying release form signed by the patient allowing law enforcement to submit the kit to a forensic laboratory.
"Release form" (also referred to as Sexual Assault Evidence Testing and Storage Consent Form) means a document provided by the hospital to the patient at the time of the sexual assault examination that gives the patient the option of authorizing, in writing, the release of the it to law enforcement.
The process for submitting unrestricted sexual assault examination kits* to law enforcement agencies has not changed. Kits are to be transferred from health care professionals to a law enforcement agency after a sexual assault examination is performed, evidence is collected, and the patient requests that law enforcement officials be notified and signs a release form. The law enforcement agency must retrieve an unrestricted sexual assault examination kit from the health care professional within ten days of receiving notice that the kit is available for transfer.
Within 60 days of receiving an unrestricted sexual assault examination kit, law enforcement agencies shall submit the kit for testing to a forensic laboratory. If submitting the kit to the BCA FSS, the law enforcement agency will submit the kit with the current BCA case submission form.
The forensic laboratory shall return unrestricted sexual assault examination kits to the submitting agency for storage after testing is complete.
The submitting agency must store unrestricted sexual assault examination kits indefinitely.
* "Kit" may include Sexual Assault Examination Collection Kits, Toxicology Blood and Urine Kits
Restricted Kit Submission Form
Restricted Kit Submission Instructions
Sexual Assault Evidence Testing Consent and Storage Form
Sexual Assault Evidence Collection Kit Legislation Definitions
60-Day Reporting (June 2023)
Track-Kit Resource Guides
Select the link below to access the Minnesota Track-Kit web-based portal:
