SB 463
Modifies provisions relating to sexual assault survivors' rights
Sponsor:
LR Number:
2158S.01I
Committee:
Last Action:
2/2/2021 - S First Read
Journal Page:
Title:
Calendar Position:
63
Effective Date:
August 28, 2021

Current Bill Summary

SB 463 - Under current law, a sexual assault survivor is provided certain rights when he or she is subject to a forensic examination or to an interview by a law enforcement officer, a prosecuting attorney, or defense attorney. This act adds that survivors shall also have certain rights during all proceedings related to, or which follow from, such examination or interview. This act also provides that if the survivor is incapacitated, disabled, incompetent, deceased, a minor, or is otherwise unable to consent to such examination or interview, a lawful representative or guardian shall retain all rights provided by law.

Under current law, a medical provider giving a sexual assault survivor a forensic examination shall provide the survivor with a document that explains the rights of survivor. This act adds that the document need not be read to the survivor, and may be adapted as long as it explains the rights of survivor. The document shall state that the forensic examination, the analysis of the forensic evidence, and the results of the analysis shall be no cost to the survivor. Additionally, this act repeals the requirement that the survivor sign the document.

This act provides that the law enforcement official at the scene where the survivor was victimized shall, if requested, provide or arrange transportation for the survivor to a medical provider for a forensic examination, excluding any survivor who is incarcerated.

Additionally, this act repeals the requirement that a law enforcement official must give a sexual assault survivor an unaltered copy of all law enforcement reports concerning the sexual assault. The official only needs to give the survivor a free copy of the report. This act also adds that a prosecutor must give the sexual assault survivor information on the Missouri Victim Automated Notification System (MOVANS), or its successor program, which allows a survivor to register to receive automated notification of, including, but not limited to, an offender's incarceration, court status, or the status of a protection order.

Finally, this act modifies the definitions of "sexual assault survivor" and "sexual assault forensic evidence" and adds the definition of "support person."

MARY GRACE BRUNTRAGER

Amendments

No Amendments Found.