Chapter 789 Oregon Laws 2003

AN ACT

SB 752

Relating to sexual assault medical assessments; creating new provisions; amending ORS 147.225 and 147.231; repealing ORS 147.375; appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in section 2 of this 2003 Act:

(1) “Complete medical assessment” means an assessment that consists of:

(a) A medical examination;

(b) The collection of forensic evidence using an evidence collection kit approved by the Department of State Police; and

(c) The offering and, if requested, provision of prescriptions for emergency contraception and sexually transmitted disease prevention.

(2) “Medical assessment” means a complete or partial medical assessment.

(3) “Partial medical assessment” means an assessment that consists of:

(a) A medical examination; and

(b) The offering and, if requested, provision of prescriptions for emergency contraception and sexually transmitted disease prevention.

SECTION 2. (1) Subject to the availability of funds from gifts, grants and donations in the Sexual Assault Victims’ Emergency Medical Response Fund, the Department of Justice shall pay the costs of:

(a) A complete medical assessment obtained by the victim of a sexual assault if the victim obtains the medical assessment no later than 84 hours after the sexual assault.

(b) A partial medical assessment obtained by the victim of a sexual assault if the victim obtains the medical assessment no later than seven days after the sexual assault.

(2) The department shall develop a form that the victim of a sexual assault must complete if the victim wants the department to pay for a medical assessment as provided in subsection (1) of this section. The department shall make copies of the form available to providers of medical assessments.

(3) When the victim of a sexual assault completes the form developed by the department under subsection (2) of this section, the victim shall submit the form to the provider of the medical assessment. The provider shall submit the form with a bill for the medical assessment to the department. A provider who submits a bill under this subsection may not bill the victim or the victim’s insurance carrier for the medical assessment except to the extent that the department is unable to pay the bill due to lack of funds or declines to pay the bill.

(4) A provider may not charge the department more for a complete medical assessment or a partial medical assessment than the maximum amounts established by the department by rule for the assessments.

(5) The victim of a sexual assault may obtain a medical assessment and complete and submit a form under this section regardless of whether the victim reports the sexual assault to a law enforcement agency.

(6) This section does not require the department to pay any costs of treatment for injuries resulting from the sexual assault.

(7) The department may adopt rules necessary to carry out the provisions of this section.

SECTION 3. (1) The Sexual Assault Victims’ Emergency Medical Response Fund is established, separate and distinct from the General Fund. All moneys in the Sexual Assault Victims’ Emergency Medical Response Fund are continuously appropriated to the Department of Justice to be used for the purpose of carrying out the provisions of section 2 of this 2003 Act.

(2) The Department of Justice may accept moneys from any source for the purpose of carrying out the provisions of section 2 of this 2003 Act. The department shall deposit moneys accepted under this subsection in the Sexual Assault Victims’ Emergency Medical Response Fund.

SECTION 4. ORS 147.225 is amended to read:

147.225. There is established the Criminal Injuries Compensation Account. All moneys in the account are continuously appropriated for and may be used by the Department of Justice for the purposes authorized in ORS 135.905 and 147.005 to 147.365 and section 2 of this 2003 Act.

SECTION 5. ORS 147.231 is amended to read:

147.231. (1) Subject to the availability of sufficient funds in the Criminal Injuries Compensation Account, the Attorney General or the Attorney General’s designee may make grants from the Criminal Injuries Compensation Account to eligible public or private nonprofit agencies that provide services to victims of violent crimes. The Attorney General may not make grants unless there are sufficient funds in the Criminal Injuries Compensation Account to satisfy both the projected compensation claims of victims of violent crimes and the anticipated costs of complying with ORS 147.227 and of providing the funds deemed necessary by the Attorney General to comply with section 2 of this 2003 Act. The grants authorized by this section are in addition to federal Victims of Crime Act grants that are administered by the Attorney General or the Attorney General’s designee.

(2) Funds distributed under this section may be used only for services to victims of violent crimes and may not be used to replace funds otherwise available for services to victims of crime.

(3) As used in this section, “services” includes, but is not limited to:

(a) Crisis intervention services;

(b) Providing, in an emergency, transportation to court, short-term child care, temporary housing and security measures;

(c) Assistance in participating in criminal justice proceedings;

(d) Preparation, publication and distribution of materials that inform victims of violent crimes of the services that are available; and

(e) Salaries of persons who provide direct services to victims of violent crimes to the extent that the persons provide the services.

(4) Applicants for grants under subsection (1) of this section shall:

(a) Certify that priority will be given to providing assistance to victims of violent crimes including, but not limited to, victims of sexual assault, domestic violence and child abuse; and

(b) Provide any information and assurances that the Department of Justice may require.

(5) The Attorney General or the Attorney General’s designee may administer the grants authorized by this section concurrently with the administration of the federal Victims of Crime Act grants.

(6) The department shall adopt rules pursuant to ORS 183.310 to 183.550 to carry out the provisions of this section.

SECTION 6. ORS 147.225, as amended by section 4 of this 2003 Act, is amended to read:

147.225. There is established the Criminal Injuries Compensation Account. All moneys in the account are continuously appropriated for and may be used by the Department of Justice for the purposes authorized in ORS 135.905 and 147.005 to 147.365 [and section 2 of this 2003 Act].

SECTION 7. ORS 147.231, as amended by section 5 of this 2003 Act, is amended to read:

147.231. (1) Subject to the availability of sufficient funds in the Criminal Injuries Compensation Account, the Attorney General or the Attorney General’s designee may make grants from the Criminal Injuries Compensation Account to eligible public or private nonprofit agencies that provide services to victims of violent crimes. The Attorney General may not make grants unless there are sufficient funds in the Criminal Injuries Compensation Account to satisfy both the projected compensation claims of victims of violent crimes and the anticipated costs of complying with ORS 147.227 [and of providing the funds deemed necessary by the Attorney General to comply with section 2 of this 2003 Act]. The grants authorized by this section are in addition to federal Victims of Crime Act grants that are administered by the Attorney General or the Attorney General’s designee.

(2) Funds distributed under this section may be used only for services to victims of violent crimes and may not be used to replace funds otherwise available for services to victims of crime.

(3) As used in this section, “services” includes, but is not limited to:

(a) Crisis intervention services;

(b) Providing, in an emergency, transportation to court, short-term child care, temporary housing and security measures;

(c) Assistance in participating in criminal justice proceedings;

(d) Preparation, publication and distribution of materials that inform victims of violent crimes of the services that are available; and

(e) Salaries of persons who provide direct services to victims of violent crimes to the extent that the persons provide the services.

(4) Applicants for grants under subsection (1) of this section shall:

(a) Certify that priority will be given to providing assistance to victims of violent crimes including, but not limited to, victims of sexual assault, domestic violence and child abuse; and

(b) Provide any information and assurances that the Department of Justice may require.

(5) The Attorney General or the Attorney General’s designee may administer the grants authorized by this section concurrently with the administration of the federal Victims of Crime Act grants.

(6) The department shall adopt rules pursuant to ORS 183.310 to 183.550 to carry out the provisions of this section.

SECTION 8. No later than March 1, 2005, the Attorney General shall submit to the Legislative Assembly a report on the operation of the Sexual Assault Victims’ Emergency Medical Response Fund through January 31, 2005. The Attorney General shall include in the report:

(1) The dollar amount of each claim submitted to the fund;

(2) The dollar amount paid on each submitted claim and the reason for any partial payment or nonpayment of a claim;

(3) The dollar amount and source of gifts, grants and donations to the fund; and

(4) Recommendations, if any, for legislation to improve the operation of the fund.

SECTION 9. (1) Sections 1 and 2 of this 2003 Act, the amendments to ORS 147.225 and 147.231 by sections 4 and 5 of this 2003 Act and the repeal of ORS 147.375 by section 10 of this 2003 Act become operative on March 1, 2004.

(2) Notwithstanding subsection (1) of this section, the Attorney General may take any action before March 1, 2004, that is necessary to enable the Attorney General to exercise, on and after March 1, 2004, the duties imposed by sections 1 and 2 of this 2003 Act and by the amendments to ORS 147.225 and 147.231 by sections 4 and 5 of this 2003 Act.

(3) Sections 1, 2 and 3 of this 2003 Act are repealed on January 1, 2008.

(4) The amendments to ORS 147.225 and 147.231 by sections 6 and 7 of this 2003 Act become operative on January 1, 2008.

SECTION 10. ORS 147.375 is repealed.

SECTION 11. Any balance in the Sexual Assault Victims’ Emergency Medical Response Fund that is unexpended and unobligated on January 1, 2008, shall be transferred to and deposited in the General Fund to be available for general governmental expenses.

SECTION 12. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor September 22, 2003

Filed in the office of Secretary of State September 22, 2003

Effective date September 22, 2003

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