SB-1021, As Passed Senate, September 23, 2014

SUBSTITUTE FOR

SENATE BILL NO. 1021

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 21527 (MCL 333.21527), as added by 1988 PA 3.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 21527. (1) If an individual alleges to a physician or

other member of the attending or admitting staff of a hospital that

within the preceding 24 120 hours the individual has been the

victim of criminal sexual conduct under sections 520a to 520l of the

Michigan penal code, Act No. 328 of the Public Acts of 1931, being

sections 1931 PA 328, MCL 750.520a to 750.520 l of the Michigan

Compiled Laws, 750.520l, the attending health care personnel

responsible for examining or treating the individual immediately

shall inform the individual of the availability of a sexual assault

medical forensic examination, including the administration of a

sexual assault evidence kit. and, with the consent of If consented

to by the individual, the attending health care personnel shall

perform or have performed on the individual the sexual assault

medical forensic examination, including the procedures required by

the sexual assault evidence kit. The attending health care

personnel shall also inform the individual of the provisions for

payment for the sexual assault medical forensic examination under

section 5a of 1976 PA 223, MCL 18.355a.

     (2) For the purposes of this section, the administration of a

sexual assault evidence kit is not a medical procedure.

(2) (3) As used in this section, "sexual assault evidence kit"

means a standardized set of equipment and written procedures

approved by the department of state police which that have been

designed to be administered to an individual principally for the

purpose of gathering evidence of sexual conduct, which evidence is

of the type offered in court by the forensic science division of

the department of state police for prosecuting a case of criminal

sexual conduct under sections 520a to 520 l 520l of the Michigan

penal code, Act No. 328 of the Public Acts of 1931.1931 PA 328, MCL

750.520a to 750.520l.

     Enacting section 1. This amendatory act takes effect January

1, 2015.