SB769 S JUD AM #1 2-22
Smith 7883
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
Be it enacted by the Legislature of West Virginia:
(1) No court may order or otherwise require an alleged victim in a prosecution for a sexual offense to submit to or undergo a gynecological or physical examination of the breasts, buttocks, anus, or any part of the sex organs against his or her will.
(2) The refusal of an alleged victim to undergo an examination described in subdivision (1) of this section may not serve as the basis to exclude evidence obtained from other relevant examinations of the victim.
(3) For purposes of this section, the term “sexual offense” means any offense in which sexual intercourse, sexual contact, or sexual intrusion is an essential element, and includes any prosecution under §61-8B-1 et seq., §61-8-12, or §61-8D-5 of this code.
Adopted
Rejected