HOUSE BILL 491

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Elizabeth "Liz" Thomson

AN ACT

RELATING TO SEXUAL ASSAULT; PROVIDING A SEXUAL ASSAULT SURVIVOR'S RIGHTS FOLLOWING A SEXUAL ASSAULT AND RELATED MEDICAL EXAMINATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 30, Article 9 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SEXUAL ASSAULT SURVIVOR'S BILL OF RIGHTS.--

          A. A health care provider who examines and collects a sexual assault examination kit from a survivor of sexual assault shall:

                (1) obtain contact information for the survivor;

                (2) inform the survivor of the right to request:

                     (a) voluntary testing of the survivor for human immunodeficiency virus; and

                     (b) mandatory testing of the alleged sexual assault offender for human immunodeficiency virus;

                (3) provide the survivor with:

                     (a) a consent form by which the survivor may authorize the release of the kit to the relevant law enforcement agency and information about how the survivor may authorize the release of the kit to the agency at a later date; and

                     (b) a copy of the provider's kit retention policy, which shall require storage of an untested kit for at least twenty-four months before destruction;

                (4) if the survivor consents, notify the relevant law enforcement agency of the sexual assault and collection of the kit;

                (5) upon the survivor's request, notify the survivor when the kit is released to a law enforcement agency; and

                (6) provide the survivor's contact information to the law enforcement agency when the survivor's kit is transferred to that agency.

          B. A law enforcement agency that receives a sexual assault examination kit from a medical provider shall:

                (1) confirm the survivor's contact information and request that the survivor inform the agency of any changes to that information;

                (2) inform the survivor of the survivor's right to request the following information from the agency:

                     (a) the status of testing of the survivor's kit and the date on which test results are expected, which information shall be provided to the survivor unless providing the information would interfere with the agency's investigation; and

                     (b) whether the agency was able to develop a DNA profile using the samples of biological material in the kit;

                (3) if a DNA profile is developed through testing of a kit, inform the survivor at the time the law enforcement agency submits the profile to a DNA database for comparison with other profiles;

                (4) inform a survivor of any DNA profile matches identified through comparison of the DNA profile developed in the survivor's case with those in a DNA database, unless providing that information would interfere with the agency's investigation; and

                (5) in a case in which the alleged sexual assault offender has not been identified, notify the survivor:

                     (a) if the law enforcement agency determines that the survivor's kit will not be tested; or

                     (b) in writing at least sixty days before destruction of a kit, if the law enforcement agency intends to destroy the survivor's kit, and provide information on how the survivor may appeal the agency's decision to destroy the kit.

          C. A law enforcement agency may require a survivor's requests for information pursuant to Subsection B of this section to be made in writing, and the agency may communicate its responses to those requests verbally or in writing.

          D. For the purpose of notifications and other communications provided for in this section, a survivor may designate another person to receive notifications and information on the survivor's behalf and the survivor shall provide the designee's contact information to a medical provider or law enforcement agency required to communicate with the survivor pursuant to this section.

          E. In the case of a survivor who is deceased, the following persons shall have the right to receive notifications and information required to be communicated to a survivor pursuant to this section:

                (1) a person who was the deceased survivor's spouse at the time of the survivor's death; or

                (2) the deceased survivor's parent or sibling or child who is eighteen years of age or older.

          F. For the purposes of this section:

                (1) "health care provider" means a sexual assault examination nurse or another health care provider authorized to examine and collect samples of biological material from a survivor of sexual assault following the assault; and

                (2) "sexual assault examination kit" means samples of biological material derived from a human body, including bodily fluid, hair and skin cells, collected during a medical examination of a survivor following a sexual assault."

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