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


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-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 557

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.)

                     CHAPTER ................

                             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

Enrolled Senate Bill 557 (SB 557-A)                        Page 1

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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Enrolled Senate Bill 557 (SB 557-A)                        Page 2

Passed by Senate April 26, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 14, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 557 (SB 557-A)                        Page 3

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 557 (SB 557-A)                        Page 4
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