Bill Text: OR SB557 | 2011 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to sexual assault response; and declaring an emergency.

Spectrum: Moderate Partisan Bill (Democrat 18-3)

Status: (Passed) 2011-06-24 - Effective date, July 1, 2011. [SB557 Detail]

Download: Oregon-2011-SB557-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1176

                           A-Engrossed

                         Senate Bill 557
                 Ordered by the Senate April 22
           Including Senate Amendments dated April 22

Sponsored by Senator EDWARDS, Representative HOYLE; Senators
  BONAMICI, DEVLIN, DINGFELDER, MONNES ANDERSON, PROZANSKI,
  ROSENBAUM, Representatives BAILEY, BARKER, BERGER, BREWER,
  DOHERTY, GELSER, GREENLICK, KOTEK, MATTHEWS, READ, J SMITH,
  TOMEI (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Requires district attorney of each county to organize sexual
assault response team. Requires each team to adopt protocols
addressing sexual assault response. Requires certain health care
facilities to adopt policies for treatment of acute sexual
assault patients. Requires certain health care facilities that
perform forensic medical examinations of sexual assault patients
to adopt guidelines developed by Sexual Assault Task Force and to
employ or contract with sexual assault forensic examiner trained
to satisfy certification requirements of Oregon SAE/SANE
Certification Commission.
  Declares emergency, effective July 1, 2011.

                        A BILL FOR AN ACT
Relating to sexual assault response; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The district attorney in each county shall
organize a sexual assault response team to consist of:
  (a) A representative of the district attorney's office;
  (b) A representative of a prosecution-based victim assistance
program or unit;
  (c) A sexual assault forensic examiner;
  (d) At the discretion of the district attorney, a
representative of the county sheriff's office or a representative
of local law enforcement agencies or both;
  (e) A representative of a nonprofit agency or program that
receives moneys administered by the Department of Human Services
or the Department of Justice and that offers safety planning,
counseling, support or advocacy to victims of sexual assault; and
  (f) Other persons the district attorney considers necessary for
the operation of the team or as recommended by the team.
  (2) Each team must meet:
  (a) At least quarterly at a time appointed by the district
attorney of the county; and

  (b) Independently of the county's multidisciplinary child abuse
team.
  (3)(a) Each team shall develop and adopt protocols addressing
the response to adult and adolescent sexual assault victims in
the county.
  (b) Protocols adopted pursuant to paragraph (a) of this
subsection may incorporate by reference, in part or in whole,
protocols relating to child sexual abuse developed pursuant to
ORS 418.747. + }
  SECTION 2.  { + (1) Each hospital, emergency medical service
provider, intermediate care facility, skilled nursing facility,
long term care facility and residential care facility in this
state shall adopt policies for the treatment or referral of acute
sexual assault patients, if such policies are not otherwise
provided for by statute or administrative rule.
  (2)(a) Each hospital, emergency medical service provider,
intermediate care facility, skilled nursing facility, long term
care facility and residential care facility in this state that
performs forensic medical examinations of sexual assault patients
shall:
  (A) Adopt, in addition to the facility's own guidelines, if
any, the State of Oregon Medical Guideline for Sexual Assault
Evaluation of Adolescent and Adult Patients developed and
published by the Attorney General's Sexual Assault Task Force.
  (B) Except as provided in paragraph (b) of this subsection,
employ or contract with at least one sexual assault forensic
examiner who has completed didactic training sufficient to
satisfy the training requirement for certification by the Oregon
SAE/SANE Certification Commission established by the Attorney
General.
  (b) Paragraph (a)(B) of this subsection does not apply to a
hospital that performs forensic medical examinations only of
sexual assault patients who are minors. Such a hospital may use
physicians and nurses to conduct the examinations in consultation
with a social worker trained in assisting sexual assault victims
who are minors. + }
  SECTION 3.  { + (1) A sexual assault response team must comply
with section 1 (3) of this 2011 Act no later than December 31,
2012.
  (2) A hospital, emergency medical service provider,
intermediate care facility, skilled nursing facility, long term
care facility or residential care facility must comply with
section 2 (1) of this 2011 Act no later than December 31, 2012.
  (3)(a) A hospital, emergency medical service provider,
intermediate care facility, skilled nursing facility, long term
care facility or residential care facility that performs forensic
medical examinations of sexual assault patients must comply with
section 2 (2)(a)(B) of this 2011 Act no later than:
  (A) December 31, 2012, if located in a county with a population
of more than 150,000 inhabitants.
  (B) December 31, 2013, if located in a county with a population
of 150,000 or fewer inhabitants.
  (b) For purposes of this subsection, county population is
determined as of the effective date of this 2011 Act, based on
the most recently available data published or officially provided
by the Portland State University Population Research Center. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect July 1,
2011. + }
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