SS/SCS/SB 569 - This act modifies several provisions relating to victims of sexual offenses, including: (1) the "Justice for Survivors Act"; (2) the "Sexual Assault Survivors' Bill of Rights"; (3) the "Missouri Rights of Victims of Sexual Assault Task Force"; and (4) evidentiary collection kits.THE "JUSTICE FOR SURVIVORS ACT" (Sections 192.2520 and 197.315)
This act establishes the "Justice for Survivors Act" and directs the Department of Health and Senior Services to establish a statewide telehealth network for forensic examinations of victims of sexual offenses by July 1, 2022. A statewide coordinator shall be selected by the director of the Department of Health and Senior Services to oversee the network. The network shall provide mentoring, training, and assistance for medical providers conducting forensic examinations, including training on obtaining informed consent by the victim to evidence collection. The network shall also provide consultation services, guidance, and technical assistance through telehealth services by a Sexual Assault Nurse Examiner (SANE) or other similarly trained appropriate medical providers. The training may be offered in-person and online.
This act creates the "Justice for Survivors Telehealth Network Fund" for any grants, gifts, bequests, or donations accepted by the Department for the development and maintenance of the network and the training offered by the network.
Additionally, this act requires any licensed hospital, by January 1, 2023, to perform a forensic examination using an evidentiary collection kit upon the request and consent of a victim of a sexual offense fourteen years of age or older or the victim's guardian. Victims under fourteen years of age shall be referred to a SAFE CARE provider; provided, that nothing in this act shall be interpreted to prevent a hospital from performing a forensic examination for a minor under fourteen years of age upon the minor or guardian's request in accordance with state law and regulations.
An appropriate medical provider shall perform the examination and the hospital shall ensure that any provider performing the examination has received training conducting such examinations. If the provider is not a SANE or similarly trained physician or nurse, then the hospital shall utilize telehealth services, such as those provided by the statewide telehealth network, to provide guidance and support through a SANE, or other similarly trained physician or nurse, who shall observe the live examination and communicate with and support the onsite provider. The Department may issue a waiver of the telehealth requirement if the hospital demonstrates a technological hardship in accessing telehealth services or a lack of access to adequate broadband services. Such waivers shall be granted sparingly for no more than one year at a time, subject to renewal at the Department's discretion.
The Department shall waive the requirements of this act for any licensed hospital if the statewide telehealth network ceases operation, the Director of the Department notifies the hospital that the network has ceased operation, and the hospital cannot, in good faith, comply with the requirements of this act without the assistance or resources of the network. Such waiver shall remain in effect until the network resumes operation or until the hospital can comply with the requirements of this act without the assistance or resources of the network.
Current law regarding the reimbursement of such examinations and the provision of evidentiary collection kits shall apply to the forensic examinations under this act.
Finally, each hospital shall, by October 1, 2021, report specified information concerning forensic examinations performed at the hospital to the Department each year and the Department shall in turn make such information publicly available; provided, that such information shall not include any personally identifiable information of any victim or medical provider performing the examination.
These provisions are identical to provisions in SCS/HCS/HB 1683 (2020), substantially similar to SB 951 (2020), and similar to SB 456 (2019).
THE "SEXUAL ASSAULT SURVIVORS' BILL OF RIGHTS" (Section 595.201)
This act establishes the "Sexual Assault Survivors' Bill of Rights". Under this act, certain specified rights are provided for survivors of sexual assault during any forensic examination and during any interview by a law enforcement official, prosecuting attorney, or defense attorney, including the right to consult with employees or volunteers of rape crisis centers during any examination or interview, the right to receive notice of these rights prior to an examination or interview, the right to a prompt analysis of the forensic evidence, and other specified rights.
This provision is substantially similar to a provision in SCS/HCS/HB 1683 (2020) and similar to SB 812 (2020).
THE "MISSOURI RIGHTS OF VICTIMS OF SEXUAL ASSAULT TASK FORCE" (Section 595.202)
This act creates the "Missouri Rights of Victims of Sexual Assault Task Force" to consist of membership as set forth in the act. The task force shall make certain recommendations as provided in the act. The task force shall collect data regarding sexual assault reporting, arrest, prosecution rates, access to sexual assault victims services, and any other important data, as well as collect feedback from stakeholders, practitioners, and leadership throughout the state and local law enforcement, victim services, forensic science practitioners, and health care communities. The task force shall submit a report on its findings to the Governor and the General Assembly no later than December 31, 2021. The task force shall expire on December 31, 2021.
This provision is identical to a provision in SCS/HCS/HB 1683 (2020) and similar to SB 812 (2020).
EVIDENTIARY COLLECTION KITS (Section 595.220)
This act modifies current law regarding procedures for tracking evidentiary collection kits. Currently, the Attorney General shall establish an electronic tracking system for evidentiary collection kits and their components, including individual specimen containers. Additionally, current law requires the Attorney General to permit sexual assault victims or their designees access to the system to monitor the current status of their kits. This act requires such victims to register with the system to track and obtain reports on the status and location of their kits through a secure web-based or similar system.
Appropriate medical providers, law enforcement agencies, laboratories, court personnel, persons or entities involved in the final disposition or destruction of the kits, and all other entities and persons having custody of the kits shall participate in the tracking system.
The Department of Public Safety, with the advice of the Attorney General and the assistance of the Department of Health and Senior Services, shall develop and retain within the state a central repository for unreported evidentiary collection kits that is temperature-controlled to preserve the integrity of the kits and diminish degradation. Unreported kits shall be retained for 5 years; except in the case of minor victims, the retention period shall be until 5 years after the victim reaches 18 years of age.
Finally, records entered into the electronic tracking system shall be confidential and not subject to disclosure under state law.
This provision is identical to a provision in SCS/HCS/HB 1683 (2020).
SARAH HASKINS