1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 628 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR WEBBER. |
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6 | 6 | | 2512S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To amend chapter 191, RSMo, by adding thereto one new section relating to victims of sexual |
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9 | 9 | | assault. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Chapter 191, RSMo, is amended by adding thereto 1 |
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13 | 13 | | one new section, to be known as section 191.713, to read as 2 |
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14 | 14 | | follows:3 |
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15 | 15 | | 191.713. 1. This section shall be known and may be 1 |
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16 | 16 | | cited as the "Compassionate Assistance for Rape Emergencies 2 |
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17 | 17 | | (CARE) Act". 3 |
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18 | 18 | | 2. As used in this section, unless the context clearl y 4 |
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19 | 19 | | indicates otherwise, the following terms mean: 5 |
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20 | 20 | | (1) "Emergency care to sexual assault victims", 6 |
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21 | 21 | | medical examinations, procedures, or services provided at a 7 |
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22 | 22 | | hospital or health care facility to a sexual assault victim 8 |
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23 | 23 | | following an alleged sexual a ssault; 9 |
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24 | 24 | | (2) "Emergency contraception", any drug or device 10 |
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25 | 25 | | approved by the U.S. Food and Drug Administration that 11 |
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26 | 26 | | prevents pregnancy after sexual intercourse; 12 |
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27 | 27 | | (3) "Health care facility", any urgent care center or 13 |
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28 | 28 | | facility that offers treatmen t for patients during normal - 14 |
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29 | 29 | | business, after-business, or weekend hours and that is 15 |
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30 | 30 | | affiliated with a licensed hospital; 16 |
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31 | 31 | | (4) "Sexual assault", includes rape in the first 17 |
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32 | 32 | | degree, as described in section 566.030; rape in the second 18 SB 628 2 |
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33 | 33 | | degree, as described in section 566.031; statutory rape in 19 |
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34 | 34 | | the first degree and attempt to commit statutory rape in the 20 |
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35 | 35 | | first degree, as described in section 566.032; statutory 21 |
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36 | 36 | | rape in the second degree, as described in section 566.034; 22 |
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37 | 37 | | sodomy in the first degree, as described in section 566.060; 23 |
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38 | 38 | | sodomy in the second degree, as described in section 24 |
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39 | 39 | | 566.061; statutory sodomy in the first degree and attempt to 25 |
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40 | 40 | | commit statutory sodomy in the first degree, as described in 26 |
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41 | 41 | | section 566.062; and statutory sodomy in the se cond degree, 27 |
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42 | 42 | | as described in section 566.064; 28 |
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43 | 43 | | (5) "Sexual assault victim", a person who is alleged 29 |
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44 | 44 | | to have been sexually assaulted and is presented as a 30 |
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45 | 45 | | patient. 31 |
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46 | 46 | | 3. It shall be the standard of care for any hospital 32 |
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47 | 47 | | or any health care facili ty that provides emergency care to 33 |
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48 | 48 | | sexual assault victims to: 34 |
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49 | 49 | | (1) Orally inform each sexual assault victim of the 35 |
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50 | 50 | | option to be provided emergency contraception at the 36 |
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51 | 51 | | hospital or health care facility; 37 |
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52 | 52 | | (2) Provide the complete regimen of emer gency 38 |
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53 | 53 | | contraception immediately at the hospital or health care 39 |
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54 | 54 | | facility to each sexual assault victim who requests it; and 40 |
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55 | 55 | | (3) Provide sexually transmitted infection screening 41 |
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56 | 56 | | and treatment to the sexual assault victim. 42 |
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57 | 57 | | 4. The department of health and senior services shall 43 |
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58 | 58 | | promulgate all rules and regulations to implement the 44 |
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59 | 59 | | provisions of this section. Any rule or portion of a rule, 45 |
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60 | 60 | | as that term is defined in section 536.010, that is created 46 |
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61 | 61 | | under the authority delegated in this section shall become 47 |
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62 | 62 | | effective only if it complies with and is subject to all of 48 |
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63 | 63 | | the provisions of chapter 536 and, if applicable, section 49 |
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64 | 64 | | 536.028. This section and chapter 536 are nonseverable and 50 SB 628 3 |
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65 | 65 | | if any of the powers vested with the general assembly 51 |
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66 | 66 | | pursuant to chapter 536 to review, to delay the effective 52 |
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67 | 67 | | date, or to disapprove and annul a rule are subsequently 53 |
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68 | 68 | | held unconstitutional, then the grant of rulemaking 54 |
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69 | 69 | | authority and any rule proposed or adopted after August 28, 55 |
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70 | 70 | | 2025, shall be invalid and voi d. 56 |
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71 | 71 | | |
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