SF 817

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; clarifying the rape 
  1.3             examination law; amending Minnesota Statutes 2002, 
  1.4             section 609.35. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 609.35, is 
  1.7   amended to read: 
  1.8      609.35 [COSTS OF MEDICAL EXAMINATION.] 
  1.9      (a) Costs incurred by a county, city, or private hospital 
  1.10  or other emergency medical facility or by a private physician 
  1.11  for the examination of a complainant victim of criminal sexual 
  1.12  conduct when the examination is performed for the purpose of 
  1.13  gathering evidence shall be paid by the county in which 
  1.14  the alleged offense was committed criminal sexual conduct 
  1.15  occurred.  Reasonable These costs of the examination include, 
  1.16  but are not limited to, full cost of the rape kit examination, 
  1.17  associated tests relating to the complainant's sexually 
  1.18  transmitted disease status, and pregnancy status.  
  1.19     (b) Nothing in this section shall be construed to limit the 
  1.20  duties, responsibilities, or liabilities of any insurer, whether 
  1.21  public or private.  However, a county may seek insurance 
  1.22  reimbursement from the victim's insurer only if authorized by 
  1.23  the victim.  This authorization may only be sought after the 
  1.24  examination is performed.  When seeking this authorization, the 
  1.25  county shall inform the victim that if the victim does not 
  2.1   authorize this, the county is required by law to pay for the 
  2.2   examination and that the victim is in no way liable for these 
  2.3   costs or obligated to authorize the reimbursement. 
  2.4      (c) The applicability of this section does not depend upon 
  2.5   whether the victim reports the offense to law enforcement or the 
  2.6   existence or status of any investigation or prosecution. 
  2.7      Sec. 2.  [EFFECTIVE DATE.] 
  2.8      Section 1 is effective the day following final enactment 
  2.9   and applies to examinations conducted on or after that date.