New law takes away local discretion over whether rape kits are tested

Gov. Josh Shapiro signed a bill on Oct. 22 that sets a statewide standard for testing sexual assault evidence kits, the Pennsylvania Capital-Star reported.

Senate Bill 1212 changes the definition of "awaiting testing" in Pennsylvania's rape kit law. Until now, that definition let a local police agency decide whether a kit should go through DNA or other forensic analysis, according to the sponsor, Sen. Tracy Pennycuick, a Montgomery County Republican. Her June news release said that discretion "creates inconsistency from one jurisdiction to another." The bill removes it.

For survivors, the change is meant to make what happens to their evidence depend less on which town or county they live in. "Survivors' evidence should not sit untested due to inconsistent local practices," Pennycuick said, according to the Capital-Star.

The tracking system

The bill builds on Act 122 of 2024, which created Pennsylvania's first statewide system for tracking sexual assault kits. That system, called Track-Kit, lets survivors check where their kit is in the process, according to a Sept. 29 state news release. It is being piloted in Erie, Lancaster and York counties with 12 hospitals and 64 police departments, and the state said it will roll out statewide at the end of 2026. The Pennsylvania Commission on Crime and Delinquency leads the work.

Pennycuick's release said the commission's annual report found gaps in the law that were causing delays, which led to the bill.

What the records add

Sponsors. The bill page lists 10 co-sponsors: eight Republicans and two Democrats, Sens. Art Haywood and Patty Kim.

No recorded opposition. The Senate passed the bill 50-0 on June 25. The House passed it 203-0 on Oct. 21, and the Senate agreed to the House's changes 50-0 the same day.

The House change. On Oct. 20, the House adopted an amendment from Rep. Tim Briggs, the Montgomery County Democrat who chairs the House Judiciary Committee, by a 203-0 vote, according to the House amendment list. That change is why the bill had to return to the Senate.

Where it waited. After the Senate vote, the bill sat in the House Judiciary Committee for 103 days, from June 26 until the committee reported it on Oct. 7. From introduction on March 12 to signature, it took 224 days.

What happens next

The law is Act 106 of 2026. Its effective date is in the final text. Police departments, hospitals and labs will apply the new definition as the tracking system expands statewide.

Act 106 was one of 58 bills Shapiro signed on Oct. 22. See our roundup, which also covers a new law requiring people who work with children to report suspected child sexual abuse material.