Chapter 268
AN ACT
HB 2154
Relating to Sexual Assault Victims’ Emergency Medical Response Fund;
amending ORS 147.225 and 147.231 and sections 1, 2 and 8, chapter 789, Oregon
Laws 2003; repealing sections 9 and 11, chapter 789, Oregon Laws 2003; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 1, chapter 789, Oregon Laws 2003, is
amended to read:
Sec.
1. As used in section 2, chapter 789,
(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 and, for a victim who is 17 years of
age or younger, prescriptions for emergency contraception.
(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 and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception.
SECTION 2. Section 2, chapter 789, Oregon Laws 2003, is
amended to read:
Sec.
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
may not deny payment under this section for any of the following reasons:
(a) The victim of a
sexual assault has not reported the assault to a law enforcement agency.
(b) The identity of a
victim of a sexual assault is not readily available to the department because
forensic evidence has been collected from the victim and preserved in a manner
intended to protect the victim’s identity.
[(2)] (3) 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. The form must inform the victim that:
(a) A complete or
partial medical assessment can be obtained regardless of whether the victim
reports the assault to a law enforcement agency; and
(b) A complete or
partial medical assessment can be performed and evidence collected in a manner
intended to protect the victim’s identity.
[(3)] (4) When the victim of a sexual assault completes the
form developed by the department under subsection [(2)] (3) 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.
(5) Providers of
medical assessments that seek reimbursement under this section shall:
(a) Maintain records of
medical assessments that protect the identity of victims of sexual assault and
keep confidential the identity of victims who have not reported the sexual
assault to a law enforcement agency;
(b) Store forensic
evidence collection kits and transfer custody of the kits to a law enforcement
agency having jurisdiction over the geographic area where the provider is
located; and
(c) Cooperate with law
enforcement agencies to develop and implement procedures that protect the
identities of victims while allowing retrieval and assessment of evidence
collection kits and related evidence.
(6) Law enforcement
agencies that receive evidence collection kits as provided by subsection (5) of
this section shall preserve the kits and any related evidence for at least six
months.
[(4)] (7) 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)] (8) 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)] (9) This section does not
require the department to pay any costs of treatment for injuries resulting
from the sexual assault.
[(7)] (10) The department may adopt
rules necessary to carry out the provisions of this section.
SECTION 3. Sections 9 and 11, chapter 789,
SECTION 4. ORS 147.225, as amended by section 6, chapter
789, Oregon Laws 2003, 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 147.367
and section 2, chapter 789,
SECTION 5. ORS 147.231, as amended by section 7, chapter
789, Oregon Laws 2003, 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, property
crimes and crimes involving fraud and deception. 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, chapter 789, Oregon Laws 2003. 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,
property crimes and crimes involving fraud and deception 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, property crimes and crimes involving fraud and deception of the
services that are available;
(e) Salaries of persons
who provide direct services to victims of violent crimes, property crimes and
crimes involving fraud and deception to the extent that the persons provide the
services; and
(f) Counseling for
victims of property crimes and crimes involving fraud and deception.
(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 chapter 183 to carry out the provisions of this
section.
SECTION 6. Section 8, chapter 789, Oregon Laws 2003, is
amended to read:
Sec.
8. No later than March 1, [2005]
2009, 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]
2009. 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 7. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date June 1, 2007
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