On September 28th. Governor Kaine signed into order Executive Order 92 directing the Division of Consolidated Laboratory Services of the Department of General Services to accept and to stor physical evidence recovery kits received from health care providers.
Under Section B of 19.2-165.1 of the Code of Virginia, victims complaining of sexual assault shall not be required to participate in the criminal justice system or cooperate with law enforcement authorities in order to be provided with such forensic medical exams.”
Governor Kaine heard the issues that arose from between the regulations that victims can request physical evidence recovery kits prior to reporting to law enforcement and the lack of requirement of law enforcement to pick up the kits in the absence of a report. This left victims often without recourse to get the kits without reporting first. This new provision allows victims to request kits and allows forensic nurses to mail the kits to consolidated labs in a manner that retains the chain of custody.
Yeah to Governor Kaine!! This will help to encourage victims to get the evidence collected in the required time period.