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H.B. No. 0028 |
Sexual assault examinations. |
Sponsored By: Representative(s) Petersen, Gingery, Lubnau and Quarberg and Senator(s) Barrasso, Burns and Decaria
AN ACT relating to sexual assault examinations; providing for consent of the victim to examinations; providing a procedure for consent to examination of minor victims; providing for sexual assault examinations by licensed health care professionals; repealing a requirement that a sexual assault victim waive the doctor-patient privilege; repealing a requirement that a sexual assault examination is mandatory; repealing a provision allowing for the victim of sexual assault to choose which physician may perform a forensic sexual assault examination; and providing for an effective date.
12/8/2005 Bill Number Assigned
2/13/2006 H Received for Introduction
2/14/2006 H Introduced and Referred to H01
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.
Excused: Representative(s) Jackson
Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0
2/16/2006 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Buchanan, Landon, Lubnau, Olsen, Robinson, Watt and White
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
2/16/2006 H Placed on General File
HB0028HS001/ADOPTED
Page 1-line 10 After ";" insert "providing for confidentiality of medical records;".
Page 1-line 15 After "(h)" insert ",".
Page 1-line 16 Delete "and"; after "(k)" insert "and by creating a new subsection (m)".
Page 2-line 17 Delete "their" insert "the provider's".
Page 3-line 4 Strike "then".
Page 5-line 3 After "," delete "their" insert "the victim's"; after "and" delete "their" insert "the victim's".
Page 5-After line 5 Insert:
"(m) The examinations authorized by this section shall remain confidential healthcare information unless the victim or the victim's parent or legal guardian executes a release of medical information for the purpose of prosecution to the county attorney, the state of Wyoming, any relevant court, the defendant or the defendant's counsel.". LANDON, CHAIRMAN
HB0028HW001/ADOPTED
Page 3-line 8 Delete "parents" insert "parent".
Page 3-line 9 Delete "guardians" insert "guardian who is the suspected perpetrator"; after "section." insert "If a parent or guardian is not the suspected perpetrator, reasonable efforts shall be taken to notify that parent or guardian, unless the minor victim specifically requests that the parent or guardian not be notified.". MERCER
2/20/2006 H Passed CoW
2/21/2006 H Passed 2nd Reading
2/22/2006 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
2/23/2006 S Received for Introduction
2/23/2006 S Introduced and Referred to S01
2/28/2006 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Decaria, Hanes, Ross and Sessions
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/28/2006 S Placed on General File
HB0028SS001/ADOPTED (TO ENGROSSED COPY)
Page 3-line 14 After "section." delete balance of line.
Page 3-lines 15 through 24 Delete.
Page 4-lines 1 through 4 Delete. HANES, CHAIRMAN
3/7/2006 S Passed CoW
HB0028S2001/ADOPTED (TO ENGROSSED COPY)
Page 5-line 20 After "Wyoming" delete "," insert "or".
Page 5-line 21 After "court" delete the balance of the line and insert ". However, if the report of sexual assault described in subsection (a) of this section results in the filing against any person of a criminal charge, or the filing of a petition alleging a delinquent act which would be a felony if committed by an adult, the written report disclosing the results of an examination made pursuant to this section shall be made available to the person charged or his counsel upon demand.".
Page 5-line 22 Delete. BURNS
3/8/2006 S Passed 2nd Reading
3/9/2006 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Peck, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.
Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0
3/9/2006 H Received for Concurrence
3/9/2006 H Did Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.
Excused: Representative(s) Jackson, Morgan and Reese.
Ayes 57 Nays 0 Excused 3 Absent 0 Conflicts 0
3/9/2006 Assigned Number HEA No. 0041
3/10/2006 H Speaker Signed HEA No. 0041
3/10/2006 S President Signed HEA No. 0041
3/23/2006 Governor Signed HEA No. 0041
3/24/2006 Assigned Chapter Number
Chapter No. 0077 Session Laws of Wyoming 2006.