Washington

Washington has adopted all six pillars of rape kit reform. The state has a plan and funding to clear its backlog.

Reform Status
Full Reform
Testing Status
Complete

Pillar Count

6/6 Pillars
Washington has adopted all six pillars of rape kit reform and has cleared its backlog.
Statewide Inventory

Yes, the state carried out a one-time inventory.

  • Is the inventory recurring? No
  • Are law enforcement agencies and/or labs required to participate in the inventory? Yes
  • Does the law require to document the date of when each kit was collected? No
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? No
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

Yes, the state has eliminated its backlog.

Washington eliminated its backlog through non-legislative means.

Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? Not specified
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? Not specified
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 30 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? 45 Days
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Not specified
Implement Tracking System

Yes, tracking system in use.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? Yes
  • Does the law state that the tracking system should track if kit a has been destroyed? Yes
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? Yes
  • Does the law state that the tracking system should have a victim portal? Yes
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? Yes
  • Does the law state that all previously untested kits should be entered into the system? Yes
Victim's Right To Know

Yes, the state has granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? Yes
  • Do victims have the right to be informed when there is any change in the status of their case? Yes
  • Do victims have the right to receive notification before destruction of their kit? Yes
  • Are victims granted further preservation of the kit or its probative contents? No
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? No
  • Do victims have the right to receive a physical document identifying their rights under law? Yes
Fund Reform

Yes, the state has allocated ongoing funding.

See state reform timeline below.

Take Action Today to Bring Further Rape Kit Reform to Washington

State Reform Timeline

2024
Bill: Enacted
SB5950 enacted in Washington

In 2024, legislators enacted SB5950. This is general fiscal bill, which appropriates $801,000 of state funds to create a permanent sexual assault kit initiative program.

2023
Report
Washington clears its rape kit backlog

In 2023, the Washington Attorney General announced that the state’s rape kit backlog, which at one point was at over 10,000 kits, has been cleared.

Funding
$1,250,000 awarded to the Metropolitan Police Department.

In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Metropolitan Police Department $1,250,000 to support the continued investigation and resolution of unsolved sexual assault-related cases through advanced DNA testing and investigative tools.

Inventory
Washington state submitted all untested kits to lab for testing

Washington Attorney General’s office announced that all the backlogged kits are sent to labs for testing. The state needs to complete testing of all these kits to end its backlog.

2022
Inventory
3,330 untested kits in Washington

According to a report by the Office of the Attorney General there were 3330 untested kits in Washington in 2022.

2021
Non-Legislative Reform
Spokane PD set up survivor contact line

In June 2021, the Spokane Police Department (SPD) set up a phone line and email address to aid in investigations of rape kits previously backlogged under the Sexual Assault Kit Initiative Project (SAKI). Survivors whose kits were among the more than 1,500 kits submitted by SPD to crime labs could reach out to SPD to look into their cases.

Bill: Enacted
SB5092 enacted in Washington

SB5092 required the commission to report on tested and untested kits, and sexual assault investigations by June 30, 2022. The new law also allocated $750,000 to administer the rape kit initiative for Fiscal Year 2021-23.

Bill: Enacted
SB5451 enacted in Washington

SB5451 required the commission to report on tested and untested kits, and sexual assault investigations by June 30, 2022. The bill also allocated $500,000 to administer the rape kit initiative in Fiscal Year 2019-21; $58,000 and $5.77 million to implement HB1166, which passed in 2019; and $750,000 both in Fiscal Year 2022 and Fiscal Year 2023 to administer the rape kit initiative.

Bill: Enacted
HB1109 enacted in Washington

HB1109 granted survivors additional rights, including timely notification on the status of investigations and prosecution of cases. In April 2021, this bill was signed into law.

2020
Bill: Enacted
HB2318 enacted in Washington

In 2020, legislators passed HB2318, which increased the retention time for unreported kits to 20 years. Under the bill, the Criminal Justice Training Commission was required to research, design, and develop case review strategies to optimize outcomes in sexual assault investigations through improved training and investigatory practices. The commission was to submit a report with a summary of its proposal to the governor and the appropriate committees of the legislature by December 1, 2020.

Bill: Enacted
HB2325 enacted in Washington

Enacted in 2020, HB2325 ensured additional funding of $58,000 to implement a tracking system, and $2 million for law enforcement to administer the Sexual Assault Kit Initiative Project (SAKI) to resolve untested kits.

Funding
$670,000 awarded in Washington

In 2020, BJA awarded the attorney general an additional $670,000 to collect lawfully owed DNA samples from identified offenders, test the samples, and upload eligible DNA profiles into the Combined DNA Index System (CODIS).

2019
Bill: Enacted
HB1166 enacted in Washington

In 2019, Washington legislators enacted HB1166, establishing a Sexual Assault Survivors’ Bill of Rights, including the right to information, upon request, about the forensic analysis of their rape kits and the right to receive notice before destruction of their kits. Furthermore, the law mandated that by May 1, 2022, the testing of all new rape kits must be completed within 45 days. The law additionally established an advisory group within the Office of the Attorney General that was to report by December 2021 its recommendations on policies to eliminate the backlog of untested kits. Lastly, the law required trauma-informed and victim-centered training for law enforcement. With this law, Washington had enacted all six pillars of comprehensive rape kit reform.

Funding
$2.5 million awarded in Washington

In 2019, BJA awarded the Washington state attorney general $1.5 million with an additional $1 million to sustain its work on rape kit reform.

Funding
$920,951 awarded in Washington

In 2019, the National Institute of Justice (NIJ) awarded a $920,951 grant to the Washington State Patrol to implement an evidence management program to inventory, track, and report untested kits.

2018
Report
6,460 kits found in Washington

In 2018, the Attorney General’s Office reported 6,460 untested kits from the 208 law enforcement agencies in the state.

Bill: Failed
HB2353 failed in Washington

Washington legislators introduced HB2353 which would have mandated the submission and testing of all backlogged rape kits and granted sexual assault survivors the right to notice regarding rape kit testing status and results. This bill failed to pass.

Non-Legislative Reform
Washington State Police committed to testing backlogged kits

The Washington State Police committed to the forensic analysis of backlogged kits, as well as to entering newly submitted and backlogged kits into the Washington State Sexual Assault Kit Tracking System. As of September 2018, there were 658 registered users through the pilot program.

Other
Washington's tracking system goes live

In 2018, Washington’s rape kit tracking system went live.

2017
Bill: Enacted
HB1109 enacted in Washington

In 2017, Washington enacted HB1109, creating the Washington Sexual Assault Initiative Pilot Project, a grant program to fund the local inventory and submission of backlogged kits, as well as the investigation and prosecution of cases that arose from the testing of those kits. The law also strengthened requirements for victim-centered, trauma-informed training for various law enforcement positions statewide.

Funding
$3 million awarded in Washington

In 2017, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Washington state attorney general $3 million to test kits, investigate and prosecute cases, and re-engage survivors.

2016
Bill: Enacted
HB2530 enacted in Washington

In 2016, Washington enacted HB2530, establishing a statewide rape kit tracking system and creating a training grant for law enforcement and Sexual Assault Nurse Examiners (SANEs).

Funding
$6.27 million appropriated in Washington

In 2016, Washington legislators appropriated nearly $3.8 million to fund the statewide tracking system. Additionally, the 2016-2017 budget appropriated $2.47 million to test backlogged rape kits.

2015
Report
5,881 kits found in Washington

In 2015, the Washington Association of Sheriffs and Police Chiefs (WASPC) surveyed law enforcement agencies and announced a backlog of 5,881 untested kits across the state.

Bill: Enacted
HB1068 enacted in Washington

In 2015, Washington enacted HB1068, establishing a task force to develop a plan to address the state’s untested kits. The law also required law enforcement agencies, within 30 days of receipt, to submit a request for examination to the crime laboratory for prioritization for testing. In the same year, Washington legislators also appropriated $2.75 million to test newly collected kits.

2014
Accountability
1,276 kits found in Seattle

In 2014, The Accountability Project issued an open records request to bring the number of untested rape kits in Seattle to light. Through this request, we uncovered a backlog of 1,276 untested kits in Seattle, prompting a local and statewide conversation about reform.

Accountability

We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Washington to discover whether they possess any untested rape kits.
Target
Request Year
Untested kits discovered
Information received
2014
1276