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.