Introduced Version
Senate Bill 337 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 337
(By Senators Palumbo, Beach, Fitzsimmons,
Kirkendoll, Tucker,
Williams and Nohe)
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[Introduced February 21, 2013; referred to the Committee on
Government Organization; and then to the Committee on the
Judiciary .]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §15-9B-1, §15-9B-2
and §15-9B-3, all relating to establishing a regulatory system
for sexual assault forensic examinations; requiring the
creation of the Sexual Assault Forensic Examination
Commission; setting forth its powers and responsibilities;
setting forth its membership; requiring county prosecutors to
convene and chair local Sexual Assault Forensic Examination
boards; and authorizing rulemaking.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §15-9B-1, §15-9B-2 and
§15-9B-3, all to read as follows:
ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.
§15-9B-1. Sexual Assault Forensic Examination Commission.
(a) The Governor's Committee on Crime, Delinquency and
Correction shall create the Sexual Assault Forensic Examination
Commission to establish mandatory state-wide protocols for
conducting sexual assault forensic examinations, including
designating locations and providers to perform forensic
examinations, establishing minimum qualifications and procedures
for performing forensic examinations and establishing protocols to
assure the proper collection of evidence. As used in this article,
the word "commission" means the "Sexual Assault Forensic
Examination Commission." The purpose of the commission is to
establish and manage a state-wide system to facilitate the timely
and efficient collection of forensic evidence. The commission
consists of the following members:
(1) A representative of state prosecutors;
(2) A representative of county governments;
(3) A representative of the State Health Department;
(4) A forensic expert from the State Police crime lab;
(5) A law-enforcement officer with knowledge of sexual assault
investigation;
(6) A sexual assault nurse examiner;
(7) An emergency room physician;
(8) A victims advocate;
(9) A representative of a state organization representing
hospitals;
(10) A representative of the West Virginia Foundation for Rape
Information and Services, or other similar state organization
dedicated to facilitating expansion of services to victims of
sexual assaults; and
(11) The Director of the Division of Justice and Community
Service who shall serve as chair of the commission.
(b) Members of the commission shall be paid the same expense
reimbursement paid to members of the Legislature for their interim
duties, as recommended by the Citizens Legislative Compensation
Commission and authorized by law, for each day or portion of a day
engaged in the discharge of official duties.
§15-9B-2. Powers and duties of the commission.
(a) The commission shall authorize the creation and oversee
local boards established pursuant to section three of this article
and shall approve local plans for each area of the state on a
county or regional basis. If the commission deems necessary, it may
add or remove a county or portion thereof from a region to assure
that all areas of the state are included in an appropriate local
plan. Upon the failure of any county or local region to propose a
plan, the commission may implement a plan for that county or region.
(b) The commission may authorize minimum training requirements
for providers conducting exams and establish a basic standard of
care for victims of sexual assault. The commission shall facilitate
the recruitment and retention of qualified health care providers,
including nurses and physicians that are properly qualified to
conduct forensic examinations. The commission shall work with
county and regional boards to identify areas of greatest need and
develop and implement recruitment and retention programs to help
facilitate the effective collection of evidence.
(c) The commission is further authorized to adopt necessary
and reasonable requirements relating to establishment of a state-
wide training and forensic examination system, including, but not
limited to, assisting exam providers receive training and support
services; advocating the fair and reasonable reimbursement to exam
providers, and to facilitate transportation services for victims to
get to and from designated exam locations.
(d) Once a plan is approved by the commission, it can only be
amended or otherwise altered as provided by rules of the
commission. Designated facilities and organizations providing
services in the plan may not withdraw without commission
authorization, and unauthorized withdrawal by a facility from the
plan is a violation of a licensing condition pursuant to article five-b, chapter sixteen of this code.
(e) The commission may propose rules for legislative approval,
in accordance with article three, chapter twenty-nine-a of this
code, necessary to implement this article.
§15-9B-3. Local Sexual Assault Forensic Examination Boards.
Each county prosecutor shall convene and chair a Sexual
Assault Forensic Examination Board, or may as an alternative,
request the commission to designate a multicounty or regional
Sexual Assault Response Board for the county as part of a regional
board. If a regional board is authorized, all county prosecutors
from the designated area shall be members of the board. The
prosecutors shall assure that each board be proportionally
representative of the designated region. Each board may vary in
membership, but should include representatives from local health
care facilities, law enforcement, county and municipal governments
and victims advocates. Each county or regional board shall develop
a local plan and protocols for the area, which will address, at a
minimum, the following:
(1) Identify hospitals and other facilities that are
appropriate for receipt and treatment of sexual assault victims;
(2) Assess and designate physicians or nurses, or both, in the
area qualified to conduct forensic examinations;
(3) Evaluate the needs and available resources of the area to facilitate and encourage twenty-four hour, seven day a week basis;
and
(4) If availability of services are limited, or the remoteness
of the region causes lack of adequate examination facilities or
personnel, the local boards may designate local government or other
resources to provide appropriate transport of victims to facilities
where the victim can receive a timely and appropriate forensic
examination.
NOTE: The purpose of this bill is to establish a state-wide
system for sexual assault forensic examination services. The bill
creates a state commission and local boards that are authorized to
establish an examination plan for sexual assault victims. The bill
provides timely examinations and other services to assist victims
with support services and effective evidence collection. The bill
authorizes rule-making.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
This bill was recommended for introduction and passage during
the Regular Session of the Legislature by the Joint Judiciary
Committee.