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Introduced Version House Concurrent Resolution 1 History

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HOUSE CONCURRENT RESOLUTION NO. 114

         (By Delegates Sobonya, Poore, Guthrie, Sumner,

        C. Miller, L. Phillips, Brown, D. Campbell, Fleischauer,

         Hatfield, Lawrence, Longstreth, Mahan, Marshall,

Pasdon, M. Poling, Rowan, Smith and Storch)

 

Requesting the Joint Committee on Government and Finance study the the need for legislation to create a uniform system for collection of forensic data and providing medical treatment to victims of sex crimes in hospitals and other examination facilities.

    Whereas, Other states, including our neighboring Kentucky, provide for a uniform system whereby all hospitals that provide emergency services have a legal duty to provide sexual assault-forensic examinations (SANE Exams), which are examinations performed on victims of sex crimes where both the medical needs are addressed and forensic samples are gathered; and

    Whereas, These states require sexual assault-forensic examinations to be conducted by physicians or sexual assault nurse examiners (SANEs), who are registered nurses with specialized credentials to perform SANE Exams on sex crime victims; and

    Whereas, These states provide that hospitals may not deny a SANE Exam to a victim of a sex crime because the victim chooses not to file a police report or otherwise participate in the criminal justice system so that crucial evidence is preserved if the victim subsequently has a change of heart; and

    Whereas, These states provide SANE Examination kits at no charge to hospitals and other examination facilities to ensure their availability when the kits are needed; and

    Whereas, A uniform system of providing such sexual assault-forensic examinations by physicians or sexual assault nurse examiners throughout the state is needed to protect the health and well-being of victims of sex crimes and to facilitate successful prosecution of sex crime offenders; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to conduct a study of the need for legislation to create a uniform system for collection of forensic data and providing medical treatment for victims of sex crimes in hospitals and other examination facilities; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012 on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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