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![handle is hein.sag/sagky0054 and id is 1 raw text is:
Daniel Cameron
Attorney General
Subject:
Requested by:
Written by:
Syllabus:
Commonwealth of Kentucky
Office of the Attorney General
Capitol Building, Suite 118
700 Capital Avenue
Frankfort, Kentucky 40601
(502) 696-5300
Fax: (502) 564-2894
January 31, 2020
OAG 2020-01
Whether biological evidence obtained during a criminal sexual
assault investigation may be destroyed less than ten years after
its collection because the alleged victim chooses not to proceed
with criminal charges against the accused.
Melvin C. Leonhart, Commonwealth's Attorney, Twentieth
Judicial Circuit
Carmine G. Iaccarino and Marc Manley, Assistant Attorneys
General
Under the plain language of KRS 524.140(2)(b), no biological
evidence obtained during a criminal sexual assault investigation
may be destroyed less than ten years following its collection into
evidence, unless the provisions of KRS 524.140(3) apply.
Statute construed: KRS 524.140
Opinion of the Attorney General
Under KRS 524.140, may a law enforcement agency seek a court order to
destroy biological evidence obtained from a criminal sexual assault investigation
three years after its collection when the alleged victim has declined to press criminal
charges? To answer this question, [w]e start, of course, with the statutory text. BP](ViewImageLocal?handle=hein.sag/sagky0054&div=1&collection=&method=preview&ext=.png&size=3)