25.1369.03000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Van Oosting, Myrdal, Paulson
Representatives Hoverson, Richter, O'Brien
A BILL for an Act to create and enact a new section to chapter 12.1-34 of the North Dakota
Century Code, relating to the rights of sexual violence survivors.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 12.1-34 of the North Dakota Century Code is created
and enacted as follows:
Sexual violence survivor rights.
1.As used in this section:
a."Sexual assault victim advocate" means a victim advocate of a domestic violence
sexual assault organization as defined under section 14 - 07.1 - 01, a victim
advocate from a children's advocacy center as defined in 50 - 25.1 - 02, or a victim
advocate from an organization providing services to victims of sexual trafficking
or other sexual violence.
b."Sexual violence survivor" means an individual who is a victim of a crime defined
under section 12.1 - 20 - 03, 12.1 - 20 - 03.1, 12.1 - 20 - 04, 12.1 - 20 - 05, 12.1 - 20 - 05.1,
12.1 - 20 - 06, 12.1 - 20 - 06.1, 12.1 - 20 - 07, 12.1 - 20 - 11, 12.1 - 20 - 12.3, 12.1 - 41 - 02,
12.1 - 41 - 03, or 12.1 - 41 - 04.
2.In addition to the rights provided under section 12.1 - 34 - 02, a sexual violence survivor
must be afforded the following rights.
a.The right to consult with a sexual assault victim advocate during any forensic
medical examination, unless the advocate is not available in a timely manner. A
survivor's:
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(1)Communication with a sexual assault victim advocate is privileged, unless
waived by the survivor; and
(2)Waiver of the right to a sexual assault victim advocate is privileged.
b.The right to the presence of privately retained counsel when speaking with law
enforcement regarding the alleged assault, unless law enforcement is conducting
a forensic interview with an alleged child victim.
c.Except as provided by law, the right to access the law enforcement report
prepared for the survivor's case at no cost.
d.The right to a document prepared by the attorney general explaining the rights of
sexual violence survivors under this section and other relevant law , which must
be provided by a medical provider or law enforcement officer upon initial contact
with the survivor.
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