HB 928 — Hospitals; require those with ERs to have trained personnel on duty to conduct examinations of victims of sexual assault.

928 (As Passed the House) AN ACT TO REQUIRE LICENSED HOSPITALS THAT OPERATE AN EMERGENCY DEPARTMENT TO HAVE AT LEAST ONE PHYSICIAN, ADVANCED PRACTICE REGISTERED NURSE, PHYSICIAN ASSISTANT OR REGISTERED NURSE ON DUTY DURING EACH SHIFT THROUGHOUT THE DAY WHO IS TRAINED AND ABLE TO CONDUCT FORENSIC EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULT AND PREPARE SEXUAL ASSAULT EVIDENCE COLLECTION KITS FOR THOSE VICTIMS;

TO AMEND SECTION 99-51-1, MISSISSIPPI CODE OF 1972, TO REQUIRE MEDICAL FACILITIES AND LAW ENFORCEMENT AGENCIES TO KEEP SEXUAL ASSAULT EVIDENCE COLLECTION KITS IN A SEPARATE REFRIGERATION UNIT THAT IS USED ONLY FOR THE STORAGE OF THOSELABORATORY KITS;RESULTS OR A SIMILAR UNIT USED TO STORE SENSITIVE HOSPITAL MATERIALS RELATED TO THE MEDICAL TREATMENT OF PATIENTS;

(2) Each licensed hospital in the state that operates an emergency department shall be required to have at least one (1) H.

928 *HR43/R1426**HR43/R1426PH* ~ OFFICIAL ~ G1/2 25/HR43/R142625/HR43/R1426PH PAGE 1 (RF\KP) (2) Each licensed hospital in the state that operates an emergency department shall be required to have at least one (1) physician, advanced practice registered nurse, physician assistant or registered nurse on duty during each shift throughout the day who is trained and able to conduct forensic examinations of victims of sexual assault who present themselves or are brought to the emergency department for examination or treatment and prepare sexual assault evidence collection kits for those victims.

(a) "Law enforcement" means the law enforcement agency with the primary responsibility for investigating an alleged sexual assault.

928 *HR43/R1426**HR43/R1426PH* ~ OFFICIAL ~ 25/HR43/R142625/HR43/R1426PH PAGE 2(RF\KP) (b)(a) "Medical"Law facility"enforcement" means anythe state,law local,enforcement tribal,agency community,with free,the nonprofit,primary academic,responsibility orfor privateinvestigating doctor'san office,alleged hospital, or medical clinic equipped to perform forensic medical examinations and prepare sexual assaultassault. evidence kits.

(b) "Medical facility" means any state, local, tribal, community, free, nonprofit, academic, or private doctor's office, hospital, or medical clinic equipped to perform forensic medical examinations and prepare sexual assault evidence kits.

(g) "Unreported kit" means a sexual assault evidence kit in which the survivor consented to the evidence collection, but has not consented to participate in the criminal justice H.

928 *HR43/R1426**HR43/R1426PH* ~ OFFICIAL ~ 25/HR43/R142625/HR43/R1426PH PAGE 3(RF\KP) (g) "Unreported kit" means a sexual assault evidence kit in which the survivor consented to the evidence collection, but has not consented to participate in the criminal justice process by reporting the crime to law enforcement – meaning they are not seeking to have their kit tested.

The medical facility shall keep sexual assault evidence collection kits in a separate refrigeration unit that is used only for the storage of thoselaboratory kits.results or a similar unit used to store sensitive hospital materials related to the medical treatment of patients.

Upon taking physical possession of the sexual assault evidence collection kit, the law enforcement agency shall transport the kit in a manner that preserves the evidence in theH. kit.

B.

No.

928 *HR43/R1426PH* ~ OFFICIAL ~ 25/HR43/R1426PH PAGE 4(RF\KP) the kit.

The agency H.shall keep sexual assault evidence collection kits in a separate refrigeration unit that is used only for the storage of those kits.

B.

No.

928 *HR43/R1426* ~ OFFICIAL ~ 25/HR43/R1426 PAGE 4(RF\KP) shall keep sexual assault evidence collection kits in a separate refrigeration unit that is used only for the storage of those kits.

Any autosomal, CODIS eligible DNA profile shall be entered into the Combined DNA Index System (CODIS) or equivalency thereof and state or local DNA database.H.

If the Mississippi Forensics Laboratory is unable to determine DNA present, other than the victim's DNA, in the sexual assault evidence collection kit, the laboratory should evaluate H.

928 *HR43/R1426**HR43/R1426PH* ~ OFFICIAL ~ 25/HR43/R142625/HR43/R1426PH PAGE 5(RF\KP) thedatabase. case, when suitable, to determine if any other DNA results could be used for investigative purposes.

If the Mississippi Forensics Laboratory is unable to determine DNA present, other than the victim's DNA, in the sexual assault evidence collection kit, the laboratory should evaluate the case, when suitable, to determine if any other DNA results could be used for investigative purposes.

(1) (a) When a person is brought into a doctor's office, a hospital or a medical clinic by a law enforcement agency as the victim of an alleged rape or sexual assault having occurred in this state, or comes into a doctor's office, a hospital or a medical clinic alleging rape or sexual assault having occurred in this state, the bill for the medical forensic examination and the preparationH. of the sexual assault evidence collection kit will be sent to the Division of Victim Compensation, Office of the Attorney General.

The Division of Victim Compensation shall pay H.

928 *HR43/R1426**HR43/R1426PH* ~ OFFICIAL ~ 25/HR43/R142625/HR43/R1426PH PAGE 6(RF\KP) forpreparation of the medicalsexual examinationassault conductedevidence forcollection thekit procurementwill ofbe evidencesent to aidthe inDivision theof investigationVictim andCompensation, prosecutionOffice of the allegedAttorney offense.General.

The Division of Victim Compensation shall pay for the medical examination conducted for the procurement of evidence to aid in the investigation and prosecution of the alleged offense.

(b) Upon application submitted by the district attorney, provided the proper warrant or court order has been issued, the county in which an offense of sexual assault or of felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, exploitation of children as described in Section 97-5-33 or sexual battery as described in Section 97-3-95, or statutory rape as defined in Section 97-3-65, or an attempt to commit such offense has occurred shall pay for a medical forensic examination of the person arrested, charged or H.

928 *HR43/R1426**HR43/R1426PH* ~ OFFICIAL ~ 25/HR43/R142625/HR43/R1426PH PAGE 7(RF\KP) Section 97-3-95, or statutory rape as defined in Section 97-3-65, or an attempt to commit such offense has occurred shall pay for a medical forensic examination of the person arrested, charged or convicted of such offense to determine if the person so arrested, charged or convicted has any sexually transmitted disease and for the collection of evidence.

(2) Any defendant who is convicted of, or pleads guilty or nolo contendere to, any offense or an attempt to commit any such offense specified in subsection (1)(b) shall be ordered by the court to make restitution to the Division of Victim Compensation in an amount equal to the compensation paid by the Division of H.

928 *HR43/R1426**HR43/R1426PH* ~ OFFICIAL ~ 25/HR43/R142625/HR43/R1426PH PAGE 8(RF\KP) offense specified in subsection (1)(b) shall be ordered by the court to make restitution to the Division of Victim Compensation in an amount equal to the compensation paid by the Division of Victim Compensation to the victim or medical provider for the medical forensic examination and to the county for tests for sexually transmitted diseases.

928 *HR43/R1426**HR43/R1426PH* ~ OFFICIAL ~ 25/HR43/R142625/HR43/R1426PH ST: