74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2154
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Attorney General's Sexual Assault Task Force)
CHAPTER ................
AN ACT
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 Oregon:
SECTION 1. Section 1, chapter 789, Oregon Laws 2003, is amended
to read:
{ + Sec. 1. + } As used in section 2 { + , chapter 789,
Oregon Laws 2003 + }
{ - 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 { + 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.
Enrolled House Bill 2154 (HB 2154-A) Page 1
(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.
Enrolled House Bill 2154 (HB 2154-A) Page 2
{ - (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, Oregon Laws
2003, are repealed. + }
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, Oregon Laws 2003 + }.
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.
Enrolled House Bill 2154 (HB 2154-A) Page 3
(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. + }
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Passed by House March 21, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 16, 2007
...........................................................
President of Senate
Enrolled House Bill 2154 (HB 2154-A) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2154 (HB 2154-A) Page 5