Missouri Revised Statutes
Chapter 595 - Victims of Crimes, Compensation and Services
Section 595.201 - Sexual assault survivors' bill of rights — definitions — rights enumerated, notice required — document required.

Effective - 28 Aug 2022, 2 histories
595.201. Sexual assault survivors' bill of rights — definitions — rights enumerated, notice required — document required. — 1. This section shall be known and may be cited as the "Sexual Assault Survivors' Bill of Rights". These rights shall be in addition to other rights as designated by law and no person shall discourage a person from exercising these rights. For the purposes of this section, "sexual assault survivor" means any person who is fourteen years of age or older and who may be a victim of a sexual offense who presents themselves to an appropriate medical provider, law enforcement officer, prosecuting attorney, or court.
2. A sexual assault survivor retains all the rights of this section regardless of whether a criminal investigation or prosecution results or if the survivor has previously waived any of these rights. A sexual assault survivor has the right to:
(1) Consult with an employee or volunteer of a rape crisis center as defined in section 455.003;
(2) A sexual assault forensic examination as provided in section 595.220, or when a telehealth network is established, a forensic examination as provided in section 192.2520 and section 197.135;
(3) A shower and a change of clothing, as reasonably available, at no cost to the sexual assault survivor;
(4) Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the gender of the sexual assault survivor's choosing, when there is an available appropriate medical provider or law enforcement official of the gender of the sexual assault survivor's choosing;
(5) An interpreter who can communicate in the language of the sexual assault survivor's choice, as is reasonably available, in a timely manner;
(6) Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported evidentiary collection kit, or anonymous evidentiary collection kit as defined in section 595.220;
(7) Notification about the evidence tracking system as defined in subsection 9 of section 595.220;
(8) Notification about the right to information pursuant to subsection 4 of section 610.100;
(9) Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to reasonable protection from the offender or any person acting on behalf of the offender from harm and threats of harm arising out of the survivor's disclosure of the sexual assault.
3. An appropriate medical provider, law enforcement officer, and prosecuting attorney shall provide the sexual assault survivor with notification of the rights of survivors pursuant to subsection 2 of this section in a timely manner. Each appropriate medical provider, law enforcement officer, and prosecuting attorney shall ensure that the sexual assault survivor has been notified of these rights.
4. The department of public safety shall develop a document in collaboration with Missouri-based stakeholders. Missouri-based stakeholders shall include, but not be limited to, the following:
(1) Prosecuting attorneys;
(2) Chief law enforcement officers or their designees;
(3) Appropriate medical providers, as defined in section 595.220;
(4) Representatives of the statewide coalition against domestic and sexual violence;
(5) Representatives of rape crisis centers;
(6) Representatives of the Missouri Hospital Association;
(7) The director of the Missouri state highway patrol crime lab or their designee; and
(8) The director of the department of health and senior services or their designee.
5. The document shall include the following:
(1) A description of the rights of the sexual assault survivor pursuant to this section; and
(2) Telephone and internet means for contacting the local rape crisis center, as defined in 455.003.
­­The department of public safety shall provide this document in clear language that is comprehensible to a person proficient in English and shall provide this document in any other foreign language spoken by at least five percent of the population in any county or city not within a county in Missouri.
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(L. 2020 S.B. 569, A.L. 2022 S.B. 775, et al.)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders

Chapter 595 - Victims of Crimes, Compensation and Services

Section 595.010 - Definitions.

Section 595.015 - Compensation claims, department of public safety to administer, method — application filed with department, form, contents — cooperation with law enforcement — information to be made available to department.

Section 595.020 - Eligibility for compensation.

Section 595.025 - Claims, filing and hearing, procedure, who may file — time limitation — amount of compensation, considerations — attorney's fees — examination, report by health care provider, when — exemption from collection.

Section 595.027 - Medical providers to submit information, when, penalty — medical providers, defined.

Section 595.030 - Compensation, paid when — medical care, requirements — counseling, requirements — maximum award — joint claimants, distribution — method, timing of payment determined by department — negotiations with providers.

Section 595.035 - Award standards to be established — amount of award, factors to be considered — purpose of fund, reduction for other compensation received by victim, exceptions.

Section 595.036 - Grievances, decision of department, appeal to administrative hearing commission.

Section 595.037 - Open records, exceptions — department order to close records.

Section 595.040 - Subrogation, state's right, when — attorney general to bring action — lien for injuries, proceeding by claimant to recover damages, department may intervene — department may receive restitution.

Section 595.045 - Funding — costs for certain violations, amount, distribution of funds, audit — judgments in certain cases, amount — failure to pay, effect, notice — court cost deducted — insufficient funds to pay claims, procedure — interest earned...

Section 595.050 - Contracts for services to victims, requirements, limitations.

Section 595.055 - Services for victims not provided, when.

Section 595.060 - Rules, authority — procedure.

Section 595.065 - Orders for payment, when effective.

Section 595.075 - Payments to witness, victim's compensation, inadmissible as evidence.

Section 595.100 - Funding, administration.

Section 595.105 - Funding for shelters for victims of domestic violence and agencies providing services for certain crime victims.

Section 595.120 - National human trafficking resource center hotline, department poster, contents — display, where — available on department website — penalty for failure to post.

Section 595.200 - Definitions.

Section 595.201 - Sexual assault survivors' bill of rights — definitions — rights enumerated, notice required — document required.

Section 595.202 - Missouri rights of victims of sexual assault task force — members, duties — report — expiration date.

Section 595.206 - Victims eligible for services.

Section 595.209 - Rights of victims and witnesses — written notification, requirements.

Section 595.210 - Victims of sexually violent offenses, right to testify at parole hearings.

Section 595.212 - Prosecuting attorneys to maintain program to afford rights to victims and witnesses — funding and approval of agency programs.

Section 595.215 - Duty of cooperation for prosecutor, law enforcement and social service agencies.

Section 595.218 - Construction of provisions, no cause of action created against public employees or agencies.

Section 595.220 - Forensic examinations, department of public safety to pay medical providers, when — minor may consent to examination, when — forms — collection kits — definitions — electronic evidence tracking system, requirements — unreported evid...

Section 595.223 - Polygraph tests and psychological stress evaluator exams not permitted, when.

Section 595.226 - Identifiable information in court records to be redacted, when — disclosure of information permitted, when — disclosure of identifying information regarding defendant, when.

Section 595.229 - Plea bargain, sentencing, victim's right to appear or make statement — notice to victim.

Section 595.232 - Identity theft — rights of victims — definition — incident reports, discretion of law enforcement not affected.

Section 595.320 - Domestic assault offenders, costs of batterer intervention program, how paid.