SB 39 — Creating Sexual Assault Victims' Bill of Rights

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 39 By Senators Woelfel, Baldwin, Plymale, and Beach [Introduced[Originating Januaryin 10,the 2018;Committee on the Judiciary;

Referredreported toon theJanuary Committee19, on2018] the  Judiciary] A billBILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11A-9, relating to creating the Sexual Assault Victims’ Bill of Rights;

declaring additional rights bestowed upon sexual assault survivors regarding medical forensic examinations, sexual assault evidence collection kitskits, and other similar topics;

requiring certainsexual peopleassault victims be informed or notified of certain rights;

(1) The right to a personal representative of the victim’s choice to accompany him or her to a hospital or other health care facility and to attend proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings;

(2) The right to receive a forensic medical examination consistent with the provisions of §61-8B-16;§61-8B-1(12);

(5) The right to be informed in writing of the policies governing the forensic medical examination and preservation of evidence obtained therefrom;from the examination;

(6) The right to receive, upon his or her written request, notification by United States mail, restricted delivery, to his or her last known address, from the custodian of the evidence obtained from the forensic medical examination no fewer than sixty60 days prior to the date of the intended destruction or disposal thereof:of the evidence:

Provided, That notice to a victim which meets the requirements of this subdivision, whether received by the addressee or not, meets all notice requirements imposed hereby;by this section;

(7) The right, upon his or her written request, to have the evidence obtained from the forensic medical examination preserved for an additional period not to exceed ten10 years;

(b) As used in this section:section, “sexual assault” means any sexual act proscribed by §61-8b-1 et seq.

(1) “Appropriate consent” means the consent of thethis victimcode. with respect to the testimony of an adult victim and a sexual assault victim advocate or trained volunteer of a rape crisis center when the victim is an adult;

(2) “Sexual assault” means any sexual act proscribed by article eight-b of this chapter;

(3) “Sexual assault victim advocate” means any employee of a rape crisis center whose primary purpose is the rendering of advice, counseling or assistance to victims of sexual assault or sexual battery;

and (4) “Trained volunteer” means a person who volunteers at a rape crisis center, and who has completed no fewer than forty hours of training in assisting victims of sexual violence and related topics provided by the rape crisis center, and who is supervised by members of the staff of the rape crisis center.

NOTE:

The purpose of this bill is to create the sexual assault survivors’ bill of rights.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.