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HF 517

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:38am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to crime; allocating and limiting payment of costs of medical
examination of victim of criminal sexual conduct; amending Minnesota Statutes
2008, section 609.35.

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

Section 1.

Minnesota Statutes 2008, section 609.35, is amended to read:


609.35 COSTS OF MEDICAL EXAMINATION.

(a) new text begin The total new text end costs incurred by a county, city, or private hospital or other emergency
medical facility or by a private physician for the examination of a victim of criminal
sexual conduct when the examination is performed new text begin solely new text end for the purpose of gathering
evidence new text begin for a criminal sexual assault offense new text end shall be paid new text begin one-half new text end by the county in
which the criminal sexual conduct occurrednew text begin and one-half by the county in which the
victim residesnew text end . These new text begin examination total new text end costs new text begin only new text end includedeleted text begin , but are not limited to,deleted text end full
cost of the rape kit examination, associated tests relating to the complainant's sexually
transmitted disease status, and pregnancy status.

(b) Nothing in this section shall be construed to limit the duties, responsibilities,
or liabilities of any insurer, whether public or private. However, a county may seek
insurance reimbursement from the victim's insurer only if authorized by the victim. This
authorization may only be sought after the examination is performed. When seeking this
authorization, the deleted text begin countydeleted text end new text begin counties under paragraph (a)new text end shall inform the victim that if the
victim does not authorize thisnew text begin reimbursement from the victim's insurernew text end , the deleted text begin county isdeleted text end new text begin
counties arenew text end required by law to pay for the examination new text begin according to paragraph (a) new text end and
that the victim is in no way liable for these costs new text begin except as provided under paragraph (c) new text end or
obligated to authorize the reimbursement.

(c) deleted text begin The applicability of this section does not depend upon whether the victim
reports the offense to law enforcement or the existence or status of any investigation or
prosecution.deleted text end new text begin If the victim refuses to substantiate the assault and file a report with a law
enforcement agency, the counties are liable for only 50 percent of the total costs of the
examination as described under paragraph (a).
new text end