HB 1317 Modifies the laws relating to crime victims' rights

     Handler: Goodman

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 1317 - This act modifies the laws relating to crime victims' rights.

SECTION 191.225

Under this section, the Department of Health and Senior Services shall make payments to medical providers to cover the charges of forensic examinations for victims of sexual offenses under certain circumstances. Current law requires the department to pay hospitals and physicians for the costs of medical exams that are not covered by insurance, Medicare, or Medicaid for certain victims of sexual offenses. The appropriate medical provider shall file the report of the exam with the prosecuting attorney within 72 hours of its completion.

The Highway Patrol or its designees is required to develop evidentiary collection kits and, subject to appropriation, make them available to the medical providers. The medical providers shall use the kits to perform a forensic exam and administer medical treatment following a checklist development by the department. No medical provider shall charge such a victim for the forensic exam; however, if a victim is eligible for relief from the crime victims' compensation fund, the provider may seek compensation from the fund money.

SECTION 595.030

In order to properly file a criminal report with the authorities, the report of the forensic exam must be filed with the prosecuting attorney.

SECTION 595.209

This section allows a victim to offer counsel or a representative designated by the victim in lieu of a personal appearance at a hearing before the juvenile authorities, the board of probation and parole, or a mental health facility. The victim also has the right to have a partition set up in the probation and parole hearing room in order to shield the victim from the offender.

Under this section, an employer may not discharge or discipline an employee for attending a criminal proceeding or require any witness, victim, or member of the victim's family to use vacation time, personal time, or sick leave for honoring a subpoena to testify at, attend, or participate in a criminal proceeding.

Crime victims have the right to receive, upon request, a photograph taken of the defendant prior to release from incarceration.

SECTION 610.105

Currently, if a person is arrested and charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty or imposition of sentence is suspended, the official records are closed and access is limited to law enforcement agencies, child care agencies, residential care facilities, and skilled nursing home facilities. Under this act, if a person is arrested for a sexual offense, and an imposition of sentence is suspended, the official records of the case shall be made available to the victim to use in his or her own judicial proceedings or to the victim's family if he or she is a minor.

This section is similar to TAT/HCS/HB 1053 (2006).

SUSAN HENDERSON MOORE


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