Bill No.: HB0028 Drafter: LGC

LSO No.: 06LSO-0104 Effective Date: 7/1/2006

Enrolled Act No.: HEA0010

Chapter No.: 77

Prime Sponsor: Representative Petersen

Catch Title: Sexual assault examinations.

Subject: Amends the laws providing for sexual assault evaluations.

Summary/Major Elements:

· The bill provides that a sexual assault examination may be made by a licensed health care provider acting within the scope of his practice.

· The sexual assault examination may include a medical examination and treatment, evidence collection and evaluation and appropriate referrals for follow up treatment and services.

· Results of the examination and the evidence may be released to a law enforcement agency with consent of the victim.

· The bill allows a minor victim to consent to an examination if the minor's parents cannot be located. The bill provides that if a report of sexual assault involves a minor and the alleged perpetrator is the parent or guardian of the minor, the parent shall not be notified.

· The bill requires the examiner to send the bill for specific examination costs to the law enforcement agency investigating the crime.

· The bill specifies that the victim shall be informed of her rights as a victim and her right to informed consent.

· The bill provides that the sexual assault examination shall remain confidential healthcare information unless the victim or the victim's parent or legal guardian signs a release of the information for prosecution purposes.