Committee adopts 7-business‑day delivery expectation for sexual‑assault evidence kits; reimbursement removed

The Finance Division 2 work session recommended SB145 “OTP A” as amended after testimony and member discussion about delays in moving sexual‑assault evidence kits from hospitals and local police departments to the state forensic laboratory.

Pamela Kailig, public policy specialist for the New Hampshire Coalition Against Domestic and Sexual Violence, told the committee she and advocates had conferred with the Department of Safety and the Department of Justice about delays and backlog risks. "I've circulated a handout just at what the bill does, SB145," Kailig said, and described an established kit‑tracking system that already shows some kits sit at departments for a month to three months before delivery to the state lab.

The amendment adopted by the committee sets a seven business‑day expectation for law enforcement to deliver kits from the hospital to the state lab. Kailig said the seven business‑day timeframe was negotiated with safety and justice officials as a reasonable expectation: "the 7 business days is what was negotiated as a reasonable expectation." The amendment also encourages use of certified common carriers or courier services so officers are not required to leave patrol duties to make long hand‑deliveries.

Committee members discussed chain of custody and operational details. A member sponsoring the amendment said he had not altered the underlying policy language and emphasized the measure was intended to clarify timing rather than change evidence handling practice: "It's my amendment, and I was very careful not to touch the policy because the policy is good policy," the sponsor said. Members repeatedly said Department of Safety rules will need to specify protocols to preserve chain of custody when carriers are used.

The sponsor of a different committee comment warned about potential fiscal exposure in the bill as drafted: a committee member said that as written the bill could be interpreted as an open appropriation and discussed a fiscal note showing a possible expenditure up to $25,000; the sponsor of the amendment argued removing the reimbursement appropriation reduces administrative overhead and is likely to be cost‑saving because shipping will often be cheaper than driving cruisers long distances.

The committee voted to adopt amendment 2301h, which removed the reimbursement appropriation, and then recommended SB145 OTP A as amended. The transcript does not contain a complete roll‑call tally for the final recommendation; the committee announced the amendment had passed and the bill was reported out as OTP A with amendment 2301h.

The Department of Safety will be responsible for promulgating rules governing acceptable carrier/courier practices and chain‑of‑custody requirements under the amendment. The bill, as amended, does not create a criminal penalty for late delivery; the change provides a clearer statutory expectation and an incentive structure rather than a sanction.

Next steps: SB145 will be reported from Finance Division 2 as "OTP A" with amendment 2301h and proceed to later committee scheduling and the legislative process per normal practice. The effective date and any implementation schedule were not specified in the committee discussion.