Bill Text: NJ S2689 | 2010-2011 | Regular Session | Introduced


Bill Title: Requiring notification of designated rape crisis centers under certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-07 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2689 Detail]

Download: New_Jersey-2010-S2689-Introduced.html

SENATE, No. 2689

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 7, 2011

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Requiring notification of designated rape crisis center under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning rape care advocates and supplementing Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  A victim of a sexual assault shall have the right to have a rape care advocate, as defined in section 4 of P.L.2001, c.81 (C.52:4B-52), present at any medical, evidentiary or physical examination and at the initial interview with law enforcement or the county prosecutor.

     b.    Prior to the commencement of any initial medical, evidentiary or physical examination arising out of a sexual assault, the hospital personnel or the certified forensic sexual assault nurse examiner assigned to the case shall immediately contact the designated rape crisis center to have a rape care advocate present.

     c.     Prior to the commencement of any initial interview with law enforcement or with the county prosecutor pertaining to any criminal action arising out of a sexual assault, the law enforcement official or the county prosecutor shall immediately contact the designated rape crisis center to have a rape care advocate present.

     d.    If a victim of sexual assault requests that a rape care advocate  be present at subsequent interviews with law enforcement or with the county prosecutor, law enforcement or the county prosecutor shall not bar the rape care advocate from being present with the victim. 

 

     2.    This act shall take effect on the 30th day after the date of enactment, but the Attorney General may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill provides that a victim of a sexual assault shall have the right to have a rape care advocate present at any medical, evidentiary or physical examination and at the initial interview with law enforcement or the county prosecutor. A rape care advocate is defined in N.J.S.A.52:4B-52 as a victim counselor who specializes in the provision of rape care services.    

     Under the provisions of the bill, prior to the commencement of any initial medical, evidentiary or physical examination arising out of a sexual assault, the hospital personnel or the certified forensic sexual assault nurse examiner assigned to the case would be required to immediately contact the designated rape crisis center to have a rape care advocate present.


     The bill provides that prior to the commencement of any initial interview with law enforcement or the county prosecutor pertaining to any criminal action arising out of a sexual assault, the law enforcement official or prosecutor must immediately contact the designated rape crisis center to have a rape care advocate present.

     In addition, the bill provides that if a victim of sexual assault requests that a rape care advocate be present at subsequent interviews with law enforcement or with the county prosecutor, law enforcement or the county prosecutor could not bar the advocate from being present with the victim.

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