Revision: Dec. 12, 2017, 12:33 p.m.
SB 391-FN - AS INTRODUCED
2018 SESSION
18-2902
04/10
SENATE BILL 391-FN
AN ACT relative to sexual assault survivors' rights.
SPONSORS: Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Rep. Cushing, Rock. 21
COMMITTEE: Judiciary
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ANALYSIS
This bill codifies the rights of sexual assault survivors and establishes a sexual assault survivors commission.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2902
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to sexual assault survivors' rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Department of Justice; Sexual Assault Survivors' Rights. Amend RSA 21-M by inserting after section 17 the following new subdivision:
Sexual Assault Survivors' Rights
21-M:18 Sexual Assault Survivors' Rights.
I. In addition to the rights of a crime victim provided in RSA 21-M:8-k, a sexual assault survivor shall have the following rights:
(a) The right not to be prevented from, or charged for, receiving a medical examination.
(b) The right to:
(1) Have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter;
(2) Be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and
(3) Be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.
(c) The right, if the state intends to destroy or dispose of a sexual assault evidence collection kit or its probative contents before the expiration date of the maximum applicable statute of limitations, to:
(1) Upon written request, receive written notification from the prosecutor or appropriate state official with custody not later than 60 days before the date of the intended destruction or disposal; and
(2) Upon written request, be granted further preservation of the kit or its probative contents.
(d) The right to be informed of the rights under this section.
II. In this subdivision, "sexual assault survivor" includes a deceased victim of sexual assault.
21-M:19 Notification of Sexual Assault Survivors' Rights.
I. The attorney general shall provide written notice regarding sexual assault survivors' rights in RSA 21-M:18 to medical centers, hospitals, forensic examiners, sexual assault service providers, state and local law enforcement agencies, and any other state agency or department reasonably likely to serve sexual assault survivors; and shall make the information set forth in RSA 21-M:18 publicly available on the attorney general's Internet website.
II. In addition to the rights set forth in RSA 21-M:18, the attorney general shall provide written notice of the following rights to those entities listed in paragraph I:
(a) The right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit.
(b) The right to have a medical examination regardless of whether the survivor reports to or cooperates with law enforcement, and the right to have such examination at no cost pursuant to RSA 21-M:8-c.
(c) The availability of assistance from the office of victim/witness assistance pursuant to RSA 21-M:8-b.
(d) The availability of protective orders and policies related to their enforcement.
(e) Policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits.
(f) The process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits.
(g) The availability of victim's compensation and restitution pursuant to RSA 21-M:8-k.
21-M:20 Sexual Assault Survivors' Commission.
I. There is established a sexual assault survivors' commission to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. The commission shall consist of the following members:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two senators, appointed by the president of the senate.
(c) The attorney general, or designee.
(d) The commissioner of the department of health and human services, or designee.
II. The commission shall consult with and solicit advice and testimony from law enforcement personnel, prosecution, forensic laboratory personnel, counseling, forensic examiners, health care providers and representatives from not less than 3 national organizations and state coalitions with demonstrated expertise in sexual assault prevention, sexual assault advocacy, or representation of sexual assault victims, particularly representatives of underserved or ethnic minority communities.
III. The commission shall:
(a) Improve the coordination of the dissemination and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence to hospital administrators, physicians, forensic examiners, medical associations, and health care professionals.
(b) Develop and implement, where appropriate, clinical guidelines and other incentives to encourage the adoption and implementation of best practices
and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence among hospital administrators, physicians, forensic examiners, and other medical associations and health care professionals.
(c) Improve the coordination of the dissemination and implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence to state and county attorneys, state and local law enforcement agencies, health care facilities, and forensic laboratory directors and managers.
(d) Develop and implement, where appropriate, incentives to encourage the adoption or implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence among state and county attorneys, state and local law enforcement agencies, health care facilities, and forensic laboratory directors and managers.
(e) Collect feedback from state and local law enforcement agencies, victim services, forensic science practitioners, and health care professionals to inform development of future best practices clinical guidelines regarding the care and treatment of sexual assault survivors.
(f) Perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sexual assault survivors.
IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. The commission shall meet not fewer than 2 times and not more than 5 times each year. Four members of the commission shall constitute a quorum.
V. Not later than 2 years after the effective date of this section, the commission shall submit a report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.
2 Effective Date. This act shall take effect 60 days after its passage.
18-2902
11/28/17
SB 391-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to sexual assault survivors' rights.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill would establish certain rights for sexual assault survivors. The Department of Justice would be required to provide written notice to private and government entities regarding those rights and develop policies and processes necessary to implement the rights. The Department of Justice anticipates this work could be done within the current budget. The bill would also establish a sexual assault survivor’s commission on which the Attorney General or designee would serve. The Department anticipates membership on the commission will require a significant amount of time beyond the maximum 5 meetings per year. The Department indicates the fiscal impact of the bill is indeterminable because it is uncertain how many meetings would be needed to accomplish the tasks associated with the bill.
AGENCIES CONTACTED:
Department of Justice