ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 529
(Senators Kessler, Sprouse, Minard, Plymale and Jenkins, original
sponsors)
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[Passed March 10, 2007; in effect ninety days from passage.]
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AN ACT to amend and reenact §61-8B-16 of the Code of West Virginia,
1931, as amended, relating to forensic medical examinations;
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; eliminating certain reimbursement; 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 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 chargesto the West Virginia Prosecuting Attorneys
Institute for payment from the fund.
(b) No licensed medical facility may collect the costs of a
forensic medical examination from the alleged victim of a violation
of this article or from the alleged victim's insurance coverage, if
any.
(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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