Bill Text: GA HB503 | 2011-2012 | Regular Session | Comm Sub

Georgia House Bill 503 (Prior Session Legislation)

Bill Title: Sexual offenses; fund certain medical examinations; provide

Sponsorship: Partisan Bill (Republican 3)

Status: (Passed) 2011-07-01 - Effective Date [HB503 Detail]

Download: Georgia-2011-HB503-Comm_Sub.html

11 LC 29 4777-ECS

The Senate Judiciary Committee offered the following substitute to HB 503:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 6 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to sexual offenses and criminal procedure, respectively, so as to provide for funding of forensic medical examinations involved in certain sexual offenses; to provide for a definition; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising subsection (c) of Code Section 16-6-1, relating to rape, as follows:

"(c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence."

SECTION 2.

Said chapter is further amended in Code Section 16-6-2, relating to sodomy, aggravated sodomy, and medical expenses, by revising subsection (c) as follows:

"(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence."

SECTION 3.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-5-72, relating to the right to free forensic medical examination, as follows:

"17-5-72.

A victim shall have the right to have a forensic medical examination regardless of whether the victim participates in the criminal justice system or cooperates with law enforcement in pursuing prosecution of the underlying crime. A victim shall not be required to pay, directly or indirectly, for the cost of a forensic medical examination. The cost of a forensic medical examination shall be paid for by the investigating law enforcement agency Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of this title."

SECTION 4.

Said title is further amended in Code Section 17-15-2, relating to definitions for victim compensation, by revising paragraphs (6) through (9) as follows:

"(6) 'Forensic medical examination' means an examination provided to a person pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2 by a trained medical personnel in order to gather evidence. Such examination shall include, but shall not be limited to:

(A) An examination for physical trauma;

(B) A determination as to the nature and extent of the physical trauma;

(D) Collection and evaluation of the evidence collected; and

(E) Any additional testing deemed necessary by the examiner in order to collect evidence and provide treatment.

(7) 'Fund' means the Georgia Crime Victims Emergency Fund.

(7)(8) 'Investigator' means an investigator of the board.

(8)(9) 'Serious mental or emotional trauma' means a nonphysical injury which has been documented by a licensed mental health professional and which meets the specifications promulgated by the board's rules and regulations relating to this type of trauma.

(9)(10) 'Victim' means a person who:

(A) Is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime;

(B) Suffers a serious mental or emotional trauma as a result of being threatened with a crime which could result in physical injury or death; or

SECTION 5.

Said title is further amended by adding a new Code section to read as follows:

"17-15-15.

When a forensic medical examination is conducted, the cost of such examination shall be paid for by the fund in an amount not to exceed $1,000.00. The fund shall be responsible for payment of such cost notwithstanding whether the person receiving such examination has health insurance or any other source of health care coverage."

SECTION 6.

Said title is further amended by revising Code Section 17-18-2, relating to information for victims of rape or forcible sodomy, as follows:

"17-18-2.

The following information in substantially the form set out in this Code section shall be provided to adult victims of rape or aggravated sodomy in accordance with Code Section 17-18-1:

'INFORMATION FOR VICTIMS OF RAPE OR FORCIBLE SODOMY

If you are the victim of rape or forcible sodomy, you have certain rights under the law.

Rape or forcible sodomy by a stranger or a person known to you, including rape or forcible sodomy by a person married to you, is a crime. You can ask the government's lawyer to prosecute a person who has committed a crime. The government pays the cost of prosecuting for crimes.

If you are the victim of rape or forcible sodomy, you should contact a local police department or other law enforcement agency immediately. A police officer will come to take a report and collect evidence. You should keep any clothing you were wearing at the time of the crime as well as any other evidence such as bed sheets. Officers will take you to the hospital for a medical examination. You should not shower or douche before the examination. The law requires that the police department or law enforcement agency investigating the crime Georgia Crime Victims Emergency Fund pay for the medical examination to the extent of the cost for the collection of evidence of the crime.'"

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.