Senate Bill No. 643
(By Senator Kessler)
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[Introduced February 22, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section sixteen, article eight-b,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
greater discretion to the West Virginia prosecuting
attorneys institute in the processing of forensic medical
examinations and the payment of costs from the forensic
medical examination fund.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article eight-b, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
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 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;
(3) The forensic medical examination must have been
conducted within
seventy-two hours 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
ninety days a reasonable time of the examination;
(5) The licensed medical facility shall 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 victim of an alleged
violation of this article 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.
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(NOTE: The purpose of this bill is to provide greater
discretion to the West Virginia Prosecuting Attorneys Institute
in the processing of forensic medical examinations and the
payment of costs from the forensic medical examination fund.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)