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Introduced Version Senate Bill 529 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 529

(By Senators Kessler, Sprouse, MInard, Plymale and Jenkins)

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[Introduced February 9, 2007; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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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 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;
(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 that the evidence kit was submitted to the investigating law-enforcement officer and it shall, additionally, 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


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.
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