SB 640
Modifies provisions relating to rights of sexual assault survivors
Sponsor:
LR Number:
3562S.01I
Last Action:
1/10/2022 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
S88
Title:
Calendar Position:
Effective Date:
August 28, 2022

Current Bill Summary

SB 640 - Under current law, sexual assault survivors have rights relating to how a criminal investigation regarding a sexual assault must be conducted.

This act provides that sexual assault survivors retain these rights regardless of whether a criminal investigation or prosecution results or regardless if the survivor has previously waived any of these rights. A sexual assault survivor, for purposes of this act, is any person who is fourteen years of age or older and who may be a victim of a sexual offense who presents themselves to an appropriate medical provider, law enforcement officer, prosecuting attorney, or court. Under this act, a sexual assault survivor has the right to:

• Consult with an employee or volunteer of a rape crisis center;

• A sexual assault forensic examination;

• A shower and change of clothing;

• Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the gender of the survivor's choosing, when available;

• An interpreter who can communicate in the language of the sexual assault survivor's choice, as reasonably available;

• Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported evidentiary collection kit, and anonymous evidentiary collection kit;

• Notification about the evidence tracking system;

• Notification about the right to certain information considered a closed record, such as a complete incident report; and

• Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to reasonable protection from the offender.

Additionally, this act provides that a survivor must be informed of the survivor's rights by a medical provider, law enforcement officer, and a prosecuting attorney in a timely manner. A document shall be developed by the Department of Public Safety, in collaboration with certain Missouri-based stakeholders, which shall be provided to a sexual assault survivor explaining the survivor's rights. The document shall include:

• A description of the rights of the sexual assault survivor pursuant to this act; and

• Telephone and internet means for contacting a local rape crisis center.

This act repeals duplicate rights found in other provisions of current law. Additionally, this act repeals the requirement that a law enforcement officer shall upon written request provide a free, complete, and unaltered copy of all law enforcement reports concerning the sexual assault within 14 days to the survivor. MARY GRACE PRINGLE

Amendments

No Amendments Found.