Bill Text: WV HB3111 | 2019 | Regular Session | Introduced
Bill Title: Creating the Sexual Assault Victims’ Bill of Rights
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-12 - To House Health and Human Resources [HB3111 Detail]
Download: West_Virginia-2019-HB3111-Introduced.html
WEST virginia legislature
2019 regular session
House Bill 3111
Delegate S. Brown
[Introduced February 12,
2019; Referred
to the Committee on Health and Human Resources then the Judiciary.]
Article 11A. victim
protection act of 1984.
§61-11A-9. Sexual Assault Victims’ Bill of Rights.
(a) In addition to those rights afforded victims of crime by other provisions of this code, a sexual assault victim has the following rights:
(1) The right to a personal representative of the victim’s choice to accompany him or her to a hospital or other health care facility and to attend proceedings concerning the alleged assault, including police interviews and court proceedings;
(2) The right to receive a forensic medical examination consistent with the provisions of §61-8B-1(12) of this code;
(3) The right to have a sexual assault evidence collection kit tested and preserved by the investigating law-enforcement agency;
(4) The right to be informed by the investigating law-enforcement agency of any results of the forensic medical examination, if such disclosure would not impede or compromise an ongoing investigation;
(5) The right to be informed in writing of the policies governing the forensic medical examination and preservation of evidence obtained from the examination;
(6) The right to receive, upon his or her written request, notification by United States mail, restricted delivery, to his or her last known address, from the custodian of the evidence obtained from the forensic medical examination no fewer than 60 days prior to the date of the intended destruction or disposal of the evidence: Provided, That notice to a victim which meets the requirements of this subdivision, whether received by the addressee or not, meets all notice requirements imposed by this section;
(7) The right, upon his or her written request, to have the evidence obtained from the forensic medical examination preserved for an additional period not to exceed 10 years; and
(8) The right to be informed of the rights afforded a victim pursuant to this section.
(b) As used in this section, “sexual assault” means:
(1) Any sexual act proscribed by §61-8-1 et seq., §61-8B-1 et seq., and §61-8D-1 et seq., of this code; and
(2) The act of initiating or continuing an act of vaginal intercourse after consent has been withdrawn and the withdrawal of consent was communicated in a way that a reasonable person would understand to constitute withdrawal of consent.
NOTE: The purpose of this bill is to establish a Sexual Assault Victims’ Bill of Rights and to include in the definition of sexual assault continuation of vaginal intercourse after consent has been withdrawn.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
