SENATE, No. 432

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 18, 1996

 

 

By Senator LIPMAN

 

 

An Act concerning sexual assault treatment and supplementing Title 26 of the Revised Statutes.

 

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

 

    1. a. Notwithstanding any law to the contrary, a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall provide treatment to a patient who has been injured during the commission of an alleged act of sexual assault without requiring the patient, or without interfering with the patient's ability, to file formal charges with a law enforcement official.

    b. The health care facility shall collect and safeguard the sexual assault evidence gathered during the provision of treatment to the patient and maintain it in a locked, secure area. Each item of evidence shall be marked and logged in with a code number corresponding to the patient's medical record. The evidence shall be refrigerated, dried or otherwise stored, as appropriate, to maintain its evidential value, and labeled with the time of collection.

    c. The evidence collected shall not be opened for inspection, moved or disposed of unless the inspection, move or disposal is authorized in writing by an administrator of the health care facility, a physician with privileges to practice medicine at the health care facility, or a nurse, and:

    (1) the evidence is surrendered to a law enforcement agency at the written request of the patient, the patient's legal guardian or pursuant to a court order or subpeona; or

    (2) the evidence is surrendered to the patient upon the written request of the patient or the patient's legal guardian; or

    (3) 30 days have elapsed from the time the evidence was collected and no request for its surrender has been made.

    d. At the time of the initial examination, the health care facility shall document that a patient who seeks treatment for injuries suffered during the commission of an alleged act of sexual assault has been offered a copy of the provisions of this act.

    e. As used in this section: "Sexual assault evidence" shall include slides; cotton swabs used to obtain fluid; fingernail scrapings; saliva; blood and hair samples or other samples from the patient; clothing; weapons; photographs of the patient's injuries; and any other items collected pursuant to the protocol or rules promulgated by the health care facility or an order of a court in the jurisdiction where the alleged act of sexual assault occurred.

 

    2. This act shall take effect 90 days after enactment.

 

 

STATEMENT

 

    This bill requires a health care facility to provide treatment to a patient who has been injured during the commission of an alleged act of sexual assault without requiring the patient, or without interfering with the patient's ability, to file formal charges with the police. The health care facility would also be required to safeguard any evidence gathered during the treatment of the patient and to store it in a secure area in order to preserve its evidential value. Under the provisions of the bill, evidence could not be moved, inspected or disposed of without written consent from an administrator, a physician, or nurse and:

    1. the evidence is surrendered to a law enforcement agency or the patient at the written request of the patient, the patient's legal guardian or pursuant to a court order or subpeona; or

    2. 30 days have elapsed from the time the evidence is collected and no request for its surrender has been made.

    Finally, the bill would require that the health care facility document that the patient seeking treatment has been offered a copy of the provisions of this bill.

 

 

                             

 

Requires health care facilities to develop standards to maintain and safeguard evidence gathered during the treatment of sexual assault victims.