1.1 	A bill for an act
1.2 	relating to crime; allocating and limiting payment of costs of medical 
1.3 	examination of victim of criminal sexual conduct;amending Minnesota Statutes 
1.4 	2008, section 609.35.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 609.35, is amended to read:
1.7 	609.35 COSTS OF MEDICAL EXAMINATION.
1.8 	(a) The total costs incurred by a county, city, or private hospital or other emergency 
1.9 	medical facility or by a private physician for the examination of a victim of criminal 
1.10 	sexual conduct when the examination is performed solely for the purpose of gathering 
1.11 	evidence for a criminal sexual assault offense shall be paid one-half by the county in 
1.12 	which the criminal sexual conduct occurred and one-half by the county in which the 
1.13 	victim resides. These examination total costs only include, but are not limited to, full 
1.14 	cost of the rape kit examination, associated tests relating to the complainant's sexually 
1.15 	transmitted disease status, and pregnancy status.
1.16 	(b) Nothing in this section shall be construed to limit the duties, responsibilities, 
1.17 	or liabilities of any insurer, whether public or private. However, a county may seek 
1.18 	insurance reimbursement from the victim's insurer only if authorized by the victim. This 
1.19 	authorization may only be sought after the examination is performed. When seeking this 
1.20 	authorization, the county counties under paragraph (a) shall inform the victim that if the 
1.21 	victim does not authorize this reimbursement from the victim's insurer, the county is
1.22 	counties are required by law to pay for the examination according to paragraph (a) and 
1.23 	that the victim is in no way liable for these costs except as provided under paragraph (c) or 
1.24 	obligated to authorize the reimbursement.
2.1 	(c) The applicability of this section does not depend upon whether the victim 
2.2 	reports the offense to law enforcement or the existence or status of any investigation or 
2.3 	prosecution. If the victim refuses to substantiate the assault and file a report with a law 
2.4 	enforcement agency, the counties are liable for only 50 percent of the total costs of the 
2.5 	examination as described under paragraph (a).