HB-5054, As Passed Senate, December 19, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5054

     A bill to create the sexual assault victims' medical forensic

intervention and treatment fund; to provide for assessments against

certain criminal defendants and certain juvenile offenders; to

provide for expenditures from the fund; to provide for

establishment of and funding for medical forensic intervention and

treatment programs for victims of criminal sexual conduct; and to

prescribe the powers and duties of certain state and local

governmental officers and agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the

"sexual assault victims' medical forensic intervention and

treatment act".

     Sec. 2. As used in this act:

     (a) "Board" means the domestic violence prevention and

treatment board created in section 2 of 1978 PA 389, MCL 400.1502.

     (b) "Criminal sexual conduct" means any of the following:

     (i) A violation, attempted violation, or solicitation or

conspiracy to commit a violation of section 520b, 520c, 520d, 520e,

520f, or 520g of the Michigan penal code, 1931 PA 328, MCL

750.520b, 750.520c, 750.520d, 750.520e, 750.520f, and 750.520g.

     (ii) An offense originally charged as an offense described in

subparagraph (i) that is subsequently reduced to an offense not

included in subparagraph (i).

     (c) "Fund" means the sexual assault victims' medical forensic

intervention and treatment fund created in section 3.

     (d) "Sexual assault counselor" means an employee of a sexual

assault crisis center whose primary purpose is the rendering of

advice, counseling, or assistance to victims or advocacy for

victims.

     (e) "Sexual assault crisis center" means a public or private

agency that offers specialized direct assistance to victims,

including, but not limited to:

     (i) A telephone hotline that is operated 24 hours a day and

answered by a sexual assault counselor or trained volunteer.

     (ii) Information and referral services.

     (iii) Crisis intervention services.

     (iv) Advocacy services.

     (v) Service coordination.

     (vi) Community awareness or education programs on sexual

assault services.

     (f) "Sexual assault evidence kit" means that term as defined

in section 21527 of the public health code, 1978 PA 368, MCL

333.21527.

     (g) "Victim" means a person who consults a sexual assault

counselor for the purpose of securing advice, counseling, or

assistance concerning a mental, physical, or emotional condition

caused by sexual abuse or sexual violence.

     Sec. 3. (1) The sexual assault victims' medical forensic

intervention and treatment fund is created within the state

treasury.

     (2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

     (3) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

     (4) The department of human services shall be the

administrator of the fund for auditing purposes.

     Sec. 5. (1) Money shall not be expended from the sexual

assault victims' medical forensic intervention and treatment fund

created in section 3 for the first year after the effective date of

this act. Beginning 2 years after the effective date of this act,

the board may expend money from the fund, as appropriated. Money in

the fund shall be expended only as follows:

     (a) At least 80% of the money shall be distributed to entities

that do all of the following:

     (i) Perform the procedures required by sexual assault evidence

kits.

     (ii) Provide specialized assistance to victims.

     (iii) Operate under the auspices of or in partnership with a

local sexual assault crisis center.

     (iv) Comply with the standards of training and practice of the

international association of forensic nurse examiners or a similar

organization designated by the board in consultation with the

department of human services.

     (v) Provide access to medical forensic intervention and

treatment services 24 hours a day.

     (b) Not more than 15% of the money may be expended for medical

forensic intervention related training and technical assistance for

staff members and for needs assessment.

     (c) Not more than 10% of the money may be expended for

administrative costs incurred by the board in implementing and

administering this act.

     (2) The board shall distribute money under subsection (1) by

awarding grants and contracts in a manner that reflects the

population, geographic area, and rural and urban diversity of this

state using criteria developed by the board in consultation with

the department of human services.

     (3) The board may require an annual audit of income and

expenditures under this section and shall provide an annual report

of incomes and expenditures to the secretary of the senate and the

clerk of the house of representatives by February 1 of each year.

     (4) The board may promulgate rules under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to

House Bill No. 5054 as amended December 19, 2008

implement this section.

     Enacting section 1. This act takes effect <<April>> 1, 2009.

     Enacting section 2. This act does not take effect unless all

of the following bills of the 94th Legislature are enacted into

law:

     (a) Senate Bill No. 1616.

     (b) Senate Bill No. 1617.

     (c) Senate Bill No. 1618.

     (d) House Bill No. 5055.