1 RAPE CRISIS CENTER MODIFICATIONS 22023 GENERAL SESSION 3STATE OF UTAH 4 Chief Sponsor: Angela Romero 5Senate Sponsor: Luz Escamilla 6 7 LONG TITLE 8 Committee Note: 9The Law Enforcement and Criminal Justice Interim Committee recommended this bill. 10Legislative Vote: 10 voting for 0 voting against 7 absent 11 General Description: 12This bill amends definitions relating to rape crisis centers and sexual assault counselors. 13 Highlighted Provisions: 14This bill: 15‣ amends definitions relating to rape crisis centers and sexual assault counselors; and 16‣ makes technical and conforming changes. 17 Money Appropriated in this Bill: 18None 19 Other Special Clauses: 20None 21 Utah Code Sections Affected: 22AMENDS: 23 53-10-906, as renumbered and amended by Laws of Utah 2022, Chapter 430 24 77-38-203, as renumbered and amended by Laws of Utah 2008, Chapter 3 25 77-38-204, as last amended by Laws of Utah 2022, Chapter 335 26 27 Be it enacted by the Legislature of the state of Utah: 28Section 1. Section 53-10-906 is amended to read: 29 53-10-906. Victim notification of rights -- Notification of law enforcement. 30(1) Collecting facility personnel who conduct sexual assault examinations shall inform 31each victim of a sexual assault of: 32(a) available services for treatment of sexually transmitted infections, pregnancy, and 33other medical and psychiatric conditions; 34(b) available crisis intervention or other mental health services provided; 35(c) the option to receive prophylactic medication to prevent sexually transmitted 36infections and pregnancy; 37(d) the right to determine: 38(i) whether to provide a personal statement about the sexual assault to law 39enforcement; and 40(ii) if law enforcement should have access to any paperwork from the forensic 41examination; and 42(e) the victim's rights as provided in Section 77-37-3. 43(2) The collecting facility shall notify law enforcement as soon as practicable if the 44victim of a sexual assault decides to interview and discuss the assault with law enforcement. 45(3) If a victim of a sexual assault declines to provide a personal statement about the 46sexual assault to law enforcement, the collecting facility shall provide a written notice to the 47victim that contains the following information: 48(a) where the sexual assault kit will be stored; 49(b) notice that the victim may choose to contact law enforcement any time after 50declining to provide a personal statement; 51(c) the name, phone number, and email address of the law enforcement agency having 52jurisdiction; and 53(d) the name and phone number of a local rape crisis and services center. 54Section 2. Section 77-38-203 is amended to read: 55 77-38-203. Definitions. 56As used in this part: 57(1) "Confidential communication" means information given to a sexual assault 58counselor by a victim and includes reports or working papers made in the course of the 59counseling relationship. 60(2) (a) "Rape crisis and services center" means [ ~~any office, institution, or center~~ 61 ~~assisting~~ ] a nonprofit entity that assists victims of sexual assault and [ ~~their families which~~ 62 ~~offers~~ ] victims' families by offering sexual assault crisis intervention[ ~~, medical, and legal~~ 63 ~~services,~~ ] and counseling through a sexual assault counselor. 64 (b) "Rape crisis and services center" does not include a qualified institutional victim 65 services provider as defined in Section 53B-28-201. 66(3) "Sexual assault counselor" means a person an individual who : 67 (a) is employed by or volunteers at a rape crisis and services center who ; 68 (b) has a minimum of 40 hours of training in counseling and assisting victims of sexual 69assault ; and 70 (c) who is under the supervision of the director or designee of a rape crisis and 71 services center. 72(4) "Victim" means a person an individual who has experienced a sexual assault of 73whatever nature including incest and rape and requests counseling or assistance regarding the 74mental, physical, and emotional consequences of the sexual assault. 75Section 3. Section 77-38-204 is amended to read: 76 77-38-204. Disclosure of confidential communications. 77[ ~~Notwithstanding Title 53B, Chapter 28, Part 2, Confidential Communications for~~ 78 ~~Institutional Advocacy Services Act, the~~ ] The confidential communication between a victim 79and a sexual assault counselor is available to a third person only when: 80(1) the victim is a minor and the counselor believes it is in the best interest of the 81victim to disclose the confidential communication to the victim's parents; 82(2) the victim is a minor and the minor's parents or guardian have consented to 83disclosure of the confidential communication to a third party based upon representations made 84by the counselor that it is in the best interest of the minor victim to make such disclosure; 85(3) the victim is not a minor, has given consent, and the counselor believes the 86disclosure is necessary to accomplish the desired result of counseling; or 87(4) the counselor has an obligation under Title 80, Chapter 2, Child Welfare Services, 88or Title 80, Chapter 2a, Removal and Protective Custody of a Child, to report information 89transmitted in the confidential communication.