74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 987
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)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Defines conditions under which Department of Justice must
reimburse medical providers for sexual assault medical
assessments. Requires medical providers to give notice to
victims.
Makes provisions relating to sexual assault medical assessments
permanent.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to Sexual Assault Victims' Emergency Medical Response
Fund; amending ORS 147.225 and 147.231 and sections 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 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 victim of a sexual assault has not decided whether to
cooperate with the prosecution of any resulting criminal case or
has stated an unwillingness to cooperate at the time of the
assessment.
(c) 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 medical assessment can be obtained regardless of whether
the victim reports the assault to a law enforcement agency or
desires to cooperate with any resulting criminal prosecution; and
(b) A 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.
{ - (4) - } { + (5) + } 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) - } { + (6) + } 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) - } { + (7) + } This section does not require the
department to pay any costs of treatment for injuries resulting
from the sexual assault.
{ - (7) - } { + (8) + } The department may adopt rules
necessary to carry out the provisions of this section.
SECTION 2. { + Sections 9 and 11, chapter 789, Oregon Laws
2003, are repealed. + }
SECTION 3. 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 4. 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 5. 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 6. { + 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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