Representative Angela Romero proposes the following substitute bill:


1     
RAPE CRISIS CENTER AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Angela Romero

5     
Senate Sponsor: Luz Escamilla

6     

7     LONG TITLE
8     General Description:
9          This bill amends definitions relating to rape crisis centers and sexual assault counselors.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends definitions relating to rape crisis centers and sexual assault counselors; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          76-5-606, as enacted by Laws of Utah 2017, Chapter 249
21          77-38-203, as renumbered and amended by Laws of Utah 2008, Chapter 3
22          77-38-204, as last amended by Laws of Utah 2017, Chapter 188
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-5-606 is amended to read:
26          76-5-606. Victim notification of rights -- Notification of law enforcement.
27          (1) Collecting facility personnel who conduct sexual assault examinations shall inform
28     each victim of a sexual assault of:
29          (a) available services for treatment of sexually transmitted infections, pregnancy, and
30     other medical and psychiatric conditions;
31          (b) available crisis intervention or other mental health services provided;
32          (c) the option to receive prophylactic medication to prevent sexually transmitted
33     infections and pregnancy;
34          (d) the right to determine:
35          (i) whether to provide a personal statement about the sexual assault to law
36     enforcement; and
37          (ii) if law enforcement should have access to any paperwork from the forensic
38     examination; and
39          (e) the victim's rights as provided in Section 77-37-3.
40          (2) The collecting facility shall notify law enforcement as soon as practicable if the
41     victim of a sexual assault decides to interview and discuss the assault with law enforcement.
42          (3) If a victim of a sexual assault declines to provide a personal statement about the
43     sexual assault to law enforcement, the collecting facility shall provide a written notice to the
44     victim that contains the following information:
45          (a) where the sexual assault kit will be stored;
46          (b) notice that the victim may choose to contact law enforcement any time after
47     declining to provide a personal statement;
48          (c) the name, phone number, and email address of the law enforcement agency having
49     jurisdiction; and
50          (d) the name and phone number of a local rape crisis and services center.
51          Section 2. Section 77-38-203 is amended to read:
52          77-38-203. Definitions.
53          As used in this part:
54          (1) "Confidential communication" means information given to a sexual assault
55     counselor by a victim and includes reports or working papers made in the course of the
56     counseling relationship.
57          (2) (a) "Rape crisis and services center" means [any office, institution, or center
58     assisting] a nonprofit entity that assists victims of sexual assault and [their] the victims'
59     families [which offers] by offering sexual assault crisis intervention[, medical, and legal
60     services,] and counseling through a sexual assault counselor.
61          (b) "Rape crisis and services center" does not include a qualified institutional victim
62     services provider as defined in Section 53B-28-201.
63          (3) "Sexual assault counselor" means [a person] an individual who:
64          (a) is employed by or volunteers at a rape crisis and services center [who];
65          (b) has a minimum of 40 hours of training in counseling and assisting victims of sexual
66     assault; and [who]
67          (c) is under the supervision of the director or designee of a rape crisis and services
68     center.
69          (4) "Victim" means [a person] an individual who has experienced a sexual assault of
70     whatever nature including incest and rape and requests counseling or assistance regarding the
71     mental, physical, and emotional consequences of the sexual assault.
72          Section 3. Section 77-38-204 is amended to read:
73          77-38-204. Disclosure of confidential communications.
74          [Notwithstanding Title 53B, Chapter 28, Part 2, Confidential Communications for
75     Institutional Advocacy Services Act, the] The confidential communication between a victim
76     and a sexual assault counselor is available to a third person only when:
77          (1) the victim is a minor and the counselor believes it is in the best interest of the
78     victim to disclose the confidential communication to the victim's parents;
79          (2) the victim is a minor and the minor's parents or guardian have consented to
80     disclosure of the confidential communication to a third party based upon representations made
81     by the counselor that it is in the best interest of the minor victim to make such disclosure;
82          (3) the victim is not a minor, has given consent, and the counselor believes the
83     disclosure is necessary to accomplish the desired result of counseling; or
84          (4) the counselor has an obligation under Title 62A, Chapter 4a, Child and Family
85     Services, to report information transmitted in the confidential communication.
86