Introduced

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 Attorney General shall develop the forms and procedures for gathering evidence during forensic exams. Rather than the Attorney General furnishing hospitals with copies of such forms, the Department of Health and Senior Services shall develop a checklist for medical providers to refer to while providing treatment to victims.

The Highway Patrol, or its designees, is required to develop evidentiary collection kits and, subject to appropriation, make them available to medical providers. The medical providers shall use the kits to perform a forensic exam and administer medical treatment following the department's checklist. 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.

This section is similar to provisions of HB 1317 (2006).

SECTION 455.003

This section requires employees or volunteers of a rape crisis center to maintain confidentiality of information that would identify individuals served by the center and any information directly related to the advocacy services. Also, prior to providing advocacy services, the center shall inform individuals of the nature and scope of the confidentiality requirements.

An employee or volunteer of a rape crisis center shall be incompetent to testify concerning any confidential information unless the confidentiality requirements are waived by the individual served.

SECTION 565.072

Under this section, a person who commits domestic assault in the first degree shall be guilty of a Class A felony, rather than a Class B felony, if he or she has previously pleaded guilty to or been found guilty of committing such crime. Currently, this crime is only a Class A felony if the person inflicts serious physical injury on the victim.

SECTION 566.224

No prosecuting attorney, peace officer, or employee of a law enforcement agency shall request or require a victim of sexual assault or forcible rape to submit to a polygraph test or psychological stress evaluator exam.

SECTION 566.226

This section requires identifying information of sexual assault or forcible rape victims to be closed and redacted from any court record before being disclosed to the public. Identifying information shall include the name, address, social security number, and physical characteristics of the victim. If the court determines that the person or entity requesting identifying information has a legitimate interest in obtaining such information, the court may allow access to such information, but only if it determines that disclosure would not compromise the welfare or safety of the victim.

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.

This section also includes unreimbursed or unreimbursable expenses incurred as a result of personal property being seized in a criminal investigation by a law enforcement agency as "out-of-pocket loss". Under certain circumstance, a victim may receive payment for such "out-of-pocket losses" from the Crime Victims' Compensation Fund.

This section is similar to provisions of HB 1317 (2006).

SECTION 595.209

This section allows a crime victim to offer a statement by 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.

This section is similar to provisions of HB 1317 (2006).

SUSAN HENDERSON MOORE