CHAPTER 8. EMERGENCY SERVICES TO SEX CRIME VICTIMS
IC 16-21-8
Chapter 8. Emergency Services to Sex Crime Victims
IC 16-21-8-0.1
"Division"
Sec. 0.1. As used in this chapter, "division" refers to the victimservices division of the Indiana criminal justice institute establishedby IC 5-2-6-8(a).
As added by P.L.41-2007, SEC.6.
IC 16-21-8-0.3
"Evidence"
Sec. 0.3. As used in this chapter, "evidence" means the resultscollected from a forensic medical exam of a victim by a providerwhen the victim has reported the sex crime to law enforcement.
As added by P.L.41-2007, SEC.7.
IC 16-21-8-0.5
"Provider"
Sec. 0.5. As used in this chapter, "provider" means a hospital orlicensed medical services provider that provides forensic medicalexams and additional forensic services to a victim.
As added by P.L.90-2005, SEC.4. Amended by P.L.41-2007, SEC.8.
IC 16-21-8-0.6
"Sample"
Sec. 0.6. As used in this chapter, "sample" means the resultcollected from a forensic medical exam of the victim by a provider,when the victim has not yet reported the sex crime to lawenforcement.
As added by P.L.90-2005, SEC.5. Amended by P.L.121-2006,SEC.22; P.L.41-2007, SEC.9.
IC 16-21-8-0.7
"Secured storage"
Sec. 0.7. As used in this chapter, "secured storage" means amethod of storing a sample that will adequately safeguard theintegrity and viability of the sample.
As added by P.L.90-2005, SEC.6. Amended by P.L.41-2007, SEC.10.
IC 16-21-8-0.8
"Sexual assault nurse examiner"
Sec. 0.8. As used in this chapter, "sexual assault nurse examiner"means a registered nurse who:
(1) has received training to provide comprehensive care tosexual assault survivors; and
(2) can:
(A) conduct a forensic medical examination; and
(B) collect evidence from a sexual assault victim.
As added by P.L.41-2007, SEC.11.
IC 16-21-8-0.9
"Victim"
Sec. 0.9. As used in this chapter, "victim" means an alleged sexcrime victim.
As added by P.L.41-2007, SEC.12.
IC 16-21-8-1
Forensic medical exams and additional forensic services; rules;enumeration of sex crimes
Sec. 1. (a) A hospital licensed under IC 16-21-2 that providesgeneral medical and surgical hospital services shall provide forensicmedical exams and additional forensic services to all alleged sexcrime victims who apply for forensic medical exams and additionalforensic services in relation to injuries or trauma resulting from thealleged sex crime. The provision of services may not be dependenton a victim's reporting to, or cooperating with, law enforcement.
(b) For the purposes of this chapter, the following crimes areconsidered sex crimes:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Vicarious sexual gratification (IC 35-42-4-5).
(5) Sexual battery (IC 35-42-4-8).
(6) Sexual misconduct with a minor (IC 35-42-4-9).
(7) Child solicitation (IC 35-42-4-6).
(8) Child seduction (IC 35-42-4-7).
(9) Incest (IC 35-46-1-3).
(c) Payment for services under this section shall be processed inaccordance with rules adopted by the victim services division of theIndiana criminal justice institute.
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.7;P.L.36-1997, SEC.7; P.L.121-2006, SEC.23; P.L.41-2007, SEC.13.
IC 16-21-8-1.5
Appointment of a sexual assault response team
Sec. 1.5. If a sexual assault response team has not beenestablished in a county, the prosecuting attorney shall appoint asexual assault response team in that county, or the county shall joinwith one (1) or more other counties to create a regional team, tocomply with duties assigned to sexual assault response teams underthis chapter.
As added by P.L.41-2007, SEC.14.
IC 16-21-8-2
County or regional sexual response team; duties
Sec. 2. (a) Each county or regional sexual assault response teamshall develop a plan that establishes the protocol for sexual assaultvictim response and treatment, including the:
(1) collection;
(2) preservation; (3) secured storage; and
(4) destruction;
of samples.
(b) The plan under subsection (a) shall address the followingregarding an alleged sexual assault victim who is at least eighteen(18) years of age and who either reports a sexual assault or elects notto report a sexual assault to law enforcement:
(1) The method of maintaining the confidentiality of the allegedsexual assault victim regarding the chain of custody and securedstorage of a sample.
(2) The development of a victim notification form that notifiesan alleged sexual assault victim of his or her rights under thelaw.
(3) How a victim will receive the victim notification form.
(4) Identification of law enforcement agencies that will beresponsible to transport samples.
(5) Agreements between medical providers and lawenforcement agencies to pick up and store samples.
(6) Maintaining samples in secured storage.
(7) Procedures to destroy a sample following applicable statuteof limitations.
As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.24;P.L.41-2007, SEC.15.
IC 16-21-8-3
Forensic medical exams and additional forensic services; consent
Sec. 3. A physician or sexual assault nurse examiner who providesforensic medical exams and additional forensic services shall providethe forensic medical exams and additional forensic services to analleged sex crime victim under this chapter with the consent of thealleged sex crime victim.
As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.25;P.L.41-2007, SEC.16.
IC 16-21-8-4
Assistance in development and operation of forensic medical examsand additional forensic services
Sec. 4. The victim services division of the Indiana criminal justiceinstitute shall assist in the development and operation of programsthat provide forensic medical exams and additional forensic servicesto alleged sex crime victims, and if necessary, provide grants tohospitals for this purpose.
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.8;P.L.121-2006, SEC.26.
IC 16-21-8-5
Payment of forensic medical exams; requirements; suspension
Sec. 5. (a) The division shall award compensation orreimbursement under this chapter for forensic medical exams.
(b) The division is not required to award compensation or
reimbursement under this chapter for additional forensic servicesunless the following conditions are met:
(1) The victim is at least eighteen (18) years of age.
(2) If the victim is less than eighteen (18) years of age, a reportof the sex crime must be made to child protective services or alaw enforcement officer.
(3) The sex crime occurred in Indiana.
If the division finds a compelling reason for failure to comply withthe requirements of this section, the division may suspend therequirements of this section.
(c) A claim filed for services provided at a time before theprovision of the forensic medical exams and additional forensicservices for which an application for reimbursement is filed is notcovered under this chapter.
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.9;P.L.90-2005, SEC.7; P.L.121-2006, SEC.27; P.L.41-2007, SEC.17.
IC 16-21-8-6
Services without charge; reimbursement
Sec. 6. (a) When a provider provides forensic medical exams andadditional forensic services under this chapter to a victim, theprovider shall furnish the services without charge.
(b) When a provider provides additional forensic services undersection 5(b) and 5(c) of this chapter, the provider shall furnish theservices without charge.
(c) The division shall reimburse a provider for the cost forproviding services and shall adopt rules and procedures to providefor reimbursement.
(d) The application for reimbursement must be filed not more thanone hundred eighty (180) days after the date the service wasprovided.
(e) The division shall approve or deny an application forreimbursement filed under subsection (b) not more than one hundredtwenty (120) days after receipt of the application for reimbursement.
(f) A provider may not charge the victim for services requiredunder this chapter despite delays in reimbursement from the division.
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.10;P.L.36-1997, SEC.8; P.L.90-2005, SEC.8; P.L.121-2006, SEC.28.
IC 16-21-8-7
Abortion services not required
Sec. 7. This chapter does not require a hospital to provide aservice related to an abortion.
As added by P.L.2-1993, SEC.4.
IC 16-21-8-9
Duties of a provider; delayed implementation
Sec. 9. (a) Prior to the discharge of a victim from the hospital, aprovider shall:
(1) require the victim to sign a form that notifies the victim of
his or her rights under this chapter;
(2) provide a copy of the signed form to the victim; and
(3) inform law enforcement that the sample is available.
(b) The director of the Indiana criminal justice institute may delaythe implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through thecriminal justice institute or by an appropriation from the generalassembly.
If the director of the criminal justice institute delays implementationof this section, the director shall notify the prosecuting attorney ofeach county of the director's action and when funding becomeavailable to implement this section.
As added by P.L.41-2007, SEC.18.
IC 16-21-8-10
Law enforcement duty to transport a sample to secured storage;victim notification; county plans
Sec. 10. (a) Law enforcement shall:
(1) obtain the sample within forty-eight (48) hours afterreceiving a provider's notification; and
(2) transport the sample to secured storage.
(b) Law enforcement shall keep the sample in secured storageuntil the earlier of the following:
(1) At least one (1) year after the date the sample is placed insecured storage.
(2) The victim reports the sex crime to law enforcement and thesample is transported to the crime lab for investigation and useas evidence.
(c) The division shall notify the victim, as described in subsection(d), that the victim's sample will be removed from secured storageand may be destroyed if the victim does not report the sex crime tolaw enforcement on or before the date described in subsection (b)(1).
(d) The notice the division is required to provide a victim undersubsection (c) shall be sent:
(1) by first class mail to the individual's last known address;
(2) by electronic mail to the individual's last known electronicmail address; and
(3) six (6) months and thirty (30) days before the date describedin subsection (b)(1).
(e) Each county shall develop and implement a plan for thesecured storage of samples.
(f) The director of the Indiana criminal justice institute may delaythe implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through thecriminal justice institute or by an appropriation from the generalassembly.
If the director of the criminal justice institute delays implementationof this section, the director shall notify the prosecuting attorney of
each county of the director's action and when funding becomesavailable to implement this section.
(g) The failure to comply with:
(1) this chapter;
(2) a plan adopted by a county; or
(3) a protocol adopted by a sexual assault response team;
does not, standing alone, affect the admissibility of a sample asevidence in a criminal or civil proceeding.
As added by P.L.41-2007, SEC.19.