Bill Text: MI SB0968 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health facilities; other; provide certain victims of criminal sexual conduct with police sexual misconduct incident report form; require in certain circumstances. Amends sec. 21527 of 1978 PA 368 (MCL 333.21527). TIE BAR WITH: SB 0967'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-01 - Referred To Committee On Judiciary [SB0968 Detail]

Download: Michigan-2017-SB0968-Introduced.html

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SENATE BILL No. 968

 

 

May 1, 2018, Introduced by Senators CONYERS and HOOD and referred to the Committee on Judiciary.

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 21527 (MCL 333.21527), as amended by 2014 PA

 

320.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21527. (1) If an individual alleges to a physician or

 

other member of the attending or admitting staff of a hospital that

 

within the preceding 120 hours the individual has been the victim

 

of criminal sexual conduct under sections 520a to 520l of the

 

Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520l, the

 

attending health care personnel responsible for examining or

 

treating the individual immediately shall inform the individual of

 

the availability of a sexual assault medical forensic examination,

 

including the administration of a sexual assault evidence kit. If

 

consented to by the individual, the attending health care personnel

shall perform or have performed on the individual the sexual

 

assault medical forensic examination, including the procedures

 

required by the sexual assault evidence kit. The attending health

 

care personnel shall also inform the individual of the provisions

 

for payment for the sexual assault medical forensic examination

 

under section 5a of 1976 PA 223, MCL 18.355a.

 

     (2) An individual who is informed of the availability of a

 

sexual assault medical forensic examination under subsection (1)

 

and who is a victim of police sexual misconduct must be provided a

 

police sexual misconduct incident report form as provided under

 

section 6a of the sexual assault victim's access to justice act,

 

2014 PA 319, MCL 752.956a.

 

     (3) (2) As used in this section: , "sexual

 

     (a) "Police sexual misconduct" means that term as defined in

 

section 2 of the sexual assault victim's access to justice act,

 

2014 PA 319, MCL 752.952.

 

     (b) "Sexual assault evidence kit" means a standardized set of

 

equipment and written procedures approved by the department of

 

state police that have been designed to be administered to an

 

individual principally for the purpose of gathering evidence of

 

sexual conduct, which evidence is of the type offered in court by

 

the forensic science division of the department of state police for

 

prosecuting a case of criminal sexual conduct under sections 520a

 

to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a to

 

750.520l.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 967                                    

 

          of the 99th Legislature is enacted into law.