SF 2181

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/27/2014 09:12am

A bill for an act
relating to crime; requiring hospitals to give written notice of rights to victim of
sexual assault; proposing coding for new law in Minnesota Statutes, chapter 611A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [611A.199] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
new text end

new text begin Subdivision 1. new text end

new text begin Notice required. new text end

new text begin A hospital shall give a written notice about victim
rights and available resources to a person seeking medical services in the hospital who
reports to hospital staff or who evidences a sexual assault or other unwanted sexual
contact or sexual penetration. The hospital shall make a good faith effort to provide
this notice prior to medical treatment or the examination performed for the purpose
of gathering evidence, subject to applicable federal and state laws and regulations
regarding the provision of medical care, and in a manner that does not interfere with any
medical screening examination or initiation of treatment necessary to stabilize a victim's
emergency medical condition.
new text end

new text begin Subd. 2. new text end

new text begin Contents of notice. new text end

new text begin The commissioner of public safety, in consultation
with sexual assault victim advocates and health care professionals, shall develop the notice
required by subdivision 1. The notice must inform the victim, at a minimum, of:
new text end

new text begin (1) the obligation under section 609.35 of the county where the criminal sexual
conduct occurred to pay for the examination performed for the purpose of gathering
evidence, that payment is not contingent on the victim reporting the criminal sexual conduct
to law enforcement, and that the victim may incur expenses for treatment of injuries; and
new text end

new text begin (2) the victim's rights if the crime is reported to law enforcement, including the
victim's right to apply for reparations under section 611A.51, information on how to apply
for reparations, and information on how to obtain an order for protection or a harassment
restraining order.
new text end