Sexual assault examinations.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0285.E1

HOUSE BILL
NO.
HB0022

Sexual assault examinations.

Sponsored by:
Representative(s) Petersen, Barnard, Davison, Meuli and Olsen and Senator(s) Burns and Decaria

A BILL

for

AN ACT relating to forensic sexual assault examinations; clarifying who may perform examinations; providing for consent of the victim; providing a procedure for consent to examination of minor victims; repealing a requirement that a forensic sexual assault report be made available to the victim; repealing a provision allowing for the victim of sexual assault to choose which physician may perform a forensic sexual assault examination; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 6
‑
2
‑
309(a), (d), (e), (g)(intro), (i), (h) and (k) is amended to read:

6
‑
2
‑
309.

Medical examination of victim; costs; use of report; minors; rights of victims; reimbursement.

(a)

Promptly after
A law enforcement agency

receiving a report of any
alleged
sexual assault of the first, second or third degree
, the peace officer to whom the incident is reported shall take the victim to a licensed physician for examination,

shall promptly arrange for a forensic sexual assault examination of the victim

unless the victim
refuses
declines

the examination.
If a licensed physician is unavailable, the medical examination may be made by a person qualified to conduct the examination. One (1) witness of the same sex as the victim shall be present during the examination. The examiner shall deliver a written report disclosing the results of his examination to the peace officer or his designee.
The victim shall be informed of the victim's right to consent to release of evidence collected during the examination and reports and records of the forensic sexual assault examination. Upon consent of the victim, the released evidence, record and reports shall be delivered to the law enforcement agency. The examination shall be conducted by a:

(i)

Registered professional nurse
who has completed a sexual assault nurse examiner training course approved by a nationally recognized association of forensic nurses; or

(ii)

Physician.

(d)

The
medical
forensic sexual assault examination
report required by this section is not necessary to obtain a conviction of sexual assault.
Any written report disclosing the results of an examination made pursuant to this section shall be made available to the actor or his counsel upon demand.

(e)

If a report of
an alleged
a

sexual assault is received from a minor

as the victim
, and the parents
or guardian

of the minor cannot be located promptly with diligent effort, then the
medical
forensic sexual assault
examination
required by subsection (a) of this section
may be conducted with the minor's consent.
If a report of a sexual assault is received alleging a minor as the victim and a parent or guardian is the suspected perpetrator, the parent or guardian shall not be notified pursuant to this section. If a report of a sexual assault is received alleging a minor victim twelve (12) years of age or older and the victim has been placed in protective custody pursuant to W.S. 14
‑
3
‑
208 or 14
‑
3
‑
405, the forensic sexual assault examination may be conducted with the consent of the minor and the department of family services. If a report of sexual assault is received alleging a minor victim younger than twelve (12) years of age and the victim has been placed in protective custody pursuant to W.S. 14
‑
3
‑
208 or 14
‑
3
‑
405, the forensic sexual assault examination may be conducted with the consent of the department of family services.

(g)

Except as provided by subsection (j) of this section,
any victim of an alleged sexual assault that is reported to law enforcement shall be reimbursed for medical examination costs directly resulting from the sexual assault.
the costs of any forensic sexual assault examination relating to the investigation or prosecution of a sexual assault shall be paid by t
he
investigating law enforcement agency
.

shall be liable for any medical examination costs relating to the investigation or prosecution of the sexual assault.
These investigation costs shall include the following:

(i)

The cost of gathering evidence
;

as outlined in the Wyoming sexual assault evidence kit;
and

(h)

Except as provided by subsection (j) of this section, any
medical
forensic sexual assault

examination costs directly incurred by a sexual assault victim that are not covered by subsection (g) of this section, or other collateral source, shall be submitted to the victim services division within the office of the attorney general for determination of eligibility for payment from the crime victims compensation account established by W.S. 1
‑
40
‑
114. All requests for compensation from the account shall be subject to the eligibility guidelines set forth in the Crime Victims Compensation Act, W.S. 1
‑
40
‑
101 through 1
‑
40
‑
119.

(k)

Each
reported
victim
of
reporting

a sexual assault shall be informed of the rights enumerated in this section
, their rights to informed consent and their rights as a victim of crime
. The victim shall also be informed of available medical, legal and advocacy services.

Section 2.
W.S. 6
‑
2
‑
309(b) is repealed.

Section 3.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0022