Senator Krasner Receives Bipartisan Support for SB321
SB321 ensures that DNA obtained from the survivors of sexual assault receive certain privacy protections
By Megan Barth, May 1, 2023 4:54 pm
Republican State Senator Lisa Krasner (SD-16) will present Senate Bill 321 at a hearing tomorrow morning at 8 AM in the Assembly Judiciary Committee. SB321 ensures that the DNA of survivors of sexual assault is only used to help solve the crime of sexual assault or apprehend the perpetrator. The Senator sponsored the bill and received significant bipartisan support. According to a statement released by her office, “SB321 has broad Bi-Partisan Support and passed out of the Senate Floor unanimously. The Bill is now headed to the Assembly. The public is invited to attend the Hearing and testify.”
SB321 expands on existing law that established the Sexual Assault Survivors’ Bill of Rights which grants a survivor certain rights relating to the investigation or prosecution of an alleged sexual assault perpetrated against the survivor. The expansion prohibits a law enforcement agency or forensic laboratory from taking certain actions relating to the DNA profile and DNA record of a survivor of sexual assault; expands certain prohibitions against the use of certain evidence secured in connection with an investigation or prosecution of a sexual assault; and requires certain entities to conduct an audit of certain biological specimens, DNA profiles and DNA records, to the extent money is available.
Sen. Krasner was inspired to introduce this legislation by a case out of San Francisco involving a sexual assault victim whose DNA was used against her in an unrelated property crime. (See below)
Sen. Krasner told The Globe: “I am bringing forward Senate Bill 321 because I care about justice for victims of crime. I am concerned that the practice of sharing a victim/survivors DNA from their sexual assault will have a ‘chilling effect’ on rape victims coming forward and reporting the attack to law enforcement. Not knowing where one’s personal DNA is being used without one’s knowledge or consent is a violation of the 4th Amendment Right to Privacy. Rape victim/survivors deserve to have the guarantee that the DNA from their rape kit will only be used to solve the crime or apprehend the perpetrator. I am honored to have the support of the Nevada District Attorneys Association, Las Vegas Metro Police Dept. Washoe County Sheriff’s Office ,the Public Defender’s Office, and the ACLU.”SB321 RGJ Article