Rules for holding unreported sexual assault evidence kits

(a) A victim who chooses not to file a police report at the time of undergoing a medical forensic examination: (1) May request in writing that the unreported kit be held by the sexual assault program or center in that county; provided that if the victim does not so request, then the appropriate law enforcement agency shall take possession of the unreported kit pursuant to section 844G-5; (2) Shall not be deemed to have waived the victim's right to report the crime and to have the victim's kit tested in the future; and (3) Shall be informed of the date the victim's kit will be disposed of, in writing, at the time of the examination. (b) Agencies, organizations, and other entities in possession of unreported sexual assault evidence collection kits shall store the kits for at least six years if the victim was eighteen years of age or older at the time of incident, and at least twenty years if the victim was under eighteen years of age at the time of incident.