Code of the District of Columbia

§ 4–561.02. Processing of PERKs and specimens.

(a) Within 7 days after a sexual assault victim makes a report to the MPD, the MPD shall retrieve any PERK and specimens and deliver:

(1) The PERK to the DFS; and

(2) The biological specimens for toxicology testing to the OCME.

(b)(1) If a PERK is not involved in consumption litigation, the DFS shall process the PERK within 90 days after DFS receives the PERK.

(2) If a PERK is involved in consumption litigation, the DFS shall process the PERK within 90 days after the DFS receives a consumption determination from the prosecution.

(b-1)(1) Notwithstanding subsection (b) of this section, the DFS may delegate the processing of a PERK to an accredited laboratory pursuant to a statement of work, which shall establish protocols for:

(A) DFS to notify the accredited laboratory that a PERK is available for processing;

(B) Delivery of the PERK to the accredited laboratory;

(C) Processing the PERK; and

(D) Delivery of the PERK and any results to the DFS.

(2) Even if DFS delegates the processing of a PERK to an accredited laboratory, DFS shall comply with the time periods described in subsection (b) of this section.

(c) The OCME shall process all biological specimens within 90 days after the date of receipt.


(Nov. 20, 2014, D.C. Law 20-139, § 202, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(b), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.