COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 529
(By Senators Kessler, Sprouse, Minard, Plymale and Jenkins)
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[Originating in the Committee on the Judiciary;
reported February 13, 2007.]
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A BILL to amend and reenact §61-8B-16 of the Code of West Virginia,
1931, as amended, relating to prohibiting any requirement that
an alleged victim of a sexual offense must pay for the costs
of a forensic medical examination, participate in the criminal
justice system or cooperate with law enforcement in order to
receive a forensic medical examination; and clarifying that
licensed medical facilities may seek payment from the alleged
victim or his or her insurer for services rendered other than
the forensic medical examination.
Be it enacted by the Legislature of West Virginia:
That §61-8B-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-16. Payment for costs of forensic medical examination.
(a) When any person alleges that he or she has been the victim
of an offense proscribed by this article, the West Virginia
prosecuting attorneys institute shall pay to a licensed medical
facility from the forensic medical examination fund the cost of the
forensic medical examination for
this person the alleged victim on the following conditions and in the following manner:
(1) The payment shall cover all reasonable, customary and
usual costs of the forensic medical examination;
(2) The costs of additional nonforensic procedures performed
by the licensed medical facility, including, but not limited to,
prophylactic treatment, treatment of injuries, testing for
pregnancy and testing for sexually transmitted diseases, may not be
paid from the fund:
Provided, That nothing in this section shall
be construed to prohibit a licensed medical facility from seeking
payment for services referred to in this subdivision from the
alleged victim or his or her insurer, if any.
(3) The forensic medical examination must have been conducted
within a reasonable time of the alleged violation;
(4) The licensed medical facility must apply for payment of
the costs of a forensic medical examination from the fund within a
reasonable time of the examination;
(5) The licensed medical facility shall
certify that the
forensic medical examination was performed and may submit a
statement of charges
to the prosecuting attorney in the county in
which the alleged offense occurred and the prosecuting attorney
shall certify, if proper, that the forensic medical examination was
conducted as a part of a criminal investigation; and
(6) The prosecuting attorney shall, within sixty days of
receipt of a statement of charges from the licensed medical
facility, forward the statement of charges and the certification to
the West Virginia Prosecuting Attorneys Institute for payment from
the fund.
and for the reimbursement of the institute from the fund
for the reasonable costs of processing and recording the payment
(b) No licensed medical facility may collect the costs of a
forensic medical examination from the
alleged victim of
an alleged
a violation of this article
or from the alleged victim's insurance
coverage, if any. if the reasonable, customary and usual costs of
the forensic medical examination qualifies for payment from the
forensic medical examination fund as set forth in subsection (a) of
this section
(c) Nothing in this section shall be construed to require an
alleged victim of sexual assault to participate in the criminal
justice system or to cooperate with law enforcement in order to be
provided a forensic medical examination pursuant to the provisions
of this section.
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(NOTE: The purpose of this bill it to prohibit any
requirement that an alleged victim of a sexual offense must pay for
the costs of a forensic examination.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)