Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                          HB 79.1
                                                HOUSE BILL NO. 79
                                           INTRODUCED BY A. REGIER
                               BY REQUEST OF THE DEPARTMENT OF JUSTICE
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  A BILL FOR AN ACT ENTITLED: “AN ACT CREATING A SEXUAL ASSAULT RESPONSE NETWORK
  PROGRAM WITHIN THE DEPARTMENT OF JUSTICE AND A SEXUAL ASSAULT RESPONSE TEAM
  COMMITTEE AND ASSIGNING DUTIES; REQUIRING THE SEXUAL ASSAULT RESPONSE TEAM
  COMMITTEE TO ADOPT EDUCATIONAL AND CLINICAL STANDARDS FOR SEXUAL ASSAULT NURSE
  EXAMINERS; PROVIDING FOR A SEXUAL ASSAULT RESPONSE NETWORK PROGRAM COORDINATOR;
  PROVIDING RULEMAKING AUTHORITY; PROVIDING DEFINITIONS; AMENDING SECTIONS 5-11-222 AND
  46-15-405, MCA; AND PROVIDING AN EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.        Sexual assault response network program. There is a sexual assault
  response network program in the department of justice. The program, subject to the availability of appropriated
  funds, consists of the agents and employees of the department whom the attorney general considers necessary
  and appropriate, including the sexual assault response network program coordinator provided under [section 6].
  The program has the duties provided under [section 4].
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          NEW SECTION. Section 2.        Sexual assault response team committee. (1) There is a sexual
  assault response team committee in the department of justice.
          (2)      The committee is allocated to the department of justice for administrative purposes only as
  prescribed in 2-15-121.
          (3)      The committee has the independent and quasi-judicial authority and duties provided for in
  [section 5]. The provisions of 2-15-124 do not apply.
          (4)      Committee members must be appointed by the Montana attorney general.
          (5)      Committee members shall serve at the pleasure of the appointing authority and for no longer
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68th Legislature 2023                                                                                             HB 79.1
  than 4 years without reappointment. Committee membership includes but is not limited to:
          (a)      at least one sexual assault nurse examiner;
          (b)      a representative from the Montana hospital association;
          (c)      a representative from the Montana nurses association;
          (d)      a telehealth affiliate or provider;
          (e)      a representative from a victim service provider or organization;
          (f)      a representative from a law enforcement agency;
          (g)      a county attorney representative or designee;
          (h)      a member from the department of justice forensic sciences division;
          (i)      a member from the department of justice state attorney's office;
          (j)      a member from the department of justice information technology service desk; and
          (k)      a representative of the office of state public defender.
          (6)      Each member is entitled to reimbursement of travel expenses incurred while in performance of
  committee duties by the department of justice as provided for in 2-18-501 through 2-18-503.
          (7)      A vacancy must be filled in the same manner as the original appointment.
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          NEW SECTION. Section 3.          Definitions. As used in [sections 1 through 7], unless the context clearly
  indicates otherwise, the following definitions apply:
          (1)      "Committee" means the sexual assault response team committee established in [section 2].
          (2)      "Department" means the department of justice.
          (3)      "Program" means the sexual assault response network program established in [section 1].
          (4)      "SANE" or "sexual assault nurse examiner" means a registered nurse with education and
  training in conducting forensic examinations of sexual assault victims.
          (5)      "SANE program" means a program that meets the requirements prescribed by the department
  of justice under [section 4].
          (6)      "Sexual assault response team" means a multidisciplinary team of specially trained members of
  health care, law enforcement, prosecution, and advocacy that work together to provide coordinated health care
  and advocacy services to victims of sexual assault, while investigating sexual assault cases for the purpose of
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68th Legislature 2023                                                                                            HB 79.1
  criminal prosecution.
          (7)      "teleSANE" means the use of audio, video, or other telecommunications technology or media,
  including audio-only communication, to provide remote, real-time support by an off-site qualified provider to
  both the on-site nurse and the patient to ensure best practices, proper evidence collection, and a supportive
  environment.
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          NEW SECTION. Section 4.        Sexual assault response network program -- establish -- general
  powers and duties. (1) The sexual assault response network program established under [section 1] will
  support efforts to provide uniform sexual assault evidence kit distribution and handling, coordinate a
  comprehensive, trauma-informed response to survivors of sexual violence, provide discipline-based training
  and technical assistance for sexual assault responders in accordance with national and state best practices and
  local laws, and advance access to quality sexual assault forensic examinations and care through teleSANE
  innovations.
          (2)      The department of justice shall adopt rules to establish:
          (a)      minimum standards of sexual assault care;
          (b)      minimum standards to operate a SANE program; and
          (c)      the operation and designation of SANE programs.
          (3)      The program's powers and duties include but are not limited to:
          (a)      coordinating with the sexual assault response team committee;
          (b)      conducting ongoing adult, adolescent, and pediatric didactic and clinical sexual assault nurse
  examiner training for medical professionals;
          (c)      recruiting and organizing sexual assault nurse examiner trainers to increase in-state training
  capacity;
          (d)      researching teleSANE models and technological solutions to increase access to sexual assault
  forensic examinations and sexual assault nurse examiner care;
          (e)      providing quality, accessible sexual assault response training and technical assistance for law
  enforcement, prosecution, victim advocates, and other relevant professionals;
          (f)      organizing the development of community sexual assault response teams;
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68th Legislature 2023                                                                                             HB 79.1
          (g)      promoting public education and awareness of sexual violence prevention, available services,
  and care;
          (h)      maintaining the statewide sexual assault evidence kit tracking system provided for in 46-15-
  405;
          (i)      maintaining the department of justice sexual assault evidence kit hotline; and
          (j)      coordinating statewide sexual assault evidence kit inventory, materials, and distribution,
  including making sexual assault evidence kit resources available online.
          (4)      The department of justice may collaborate with other persons, victim service providers, health
  care facilities, the Montana hospital association, the Montana nurses association, the Montana coalition against
  domestic and sexual violence, the Montana sheriffs and peace officers association, the Montana association of
  chiefs of police, the Montana county attorneys' association, law enforcement agencies, and other government
  agencies to execute its general powers and duties under this section.
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          NEW SECTION. Section 5.        Sexual assault response team committee -- rulemaking -- duties.
  The sexual assault response team committee established in [section 2] may adopt, amend, and repeal rules
  necessary for the implementation, continuation, and enforcement of the authority granted in this section. The
  committee's duties include but are not limited to:
          (1)      adopting educational and clinical standards for sexual assault nurse examiners. Standards
  must comply with national training standards for sexual assault medical forensic examiners, national protocol
  for sexual assault medical forensic examinations adult/adolescent and pediatric, guidelines from the
  international association of forensic nurses, and state and local laws.
          (2)      adopting and implementing an evidence-based sexual assault nurse examiner training
  curriculum that conforms with national training standards for sexual assault medical forensic examiners,
  national protocol for sexual assault medical forensic examinations adult/adolescent and pediatric, guidelines
  from the international association of forensic nurses, and state and local laws;
          (3)      adopting and implementing the state of Montana medical sexual assault response guidelines;
          (4)      developing statewide teleSANE partnerships, collaborations with hospital and clinic leadership,
  and strategies that include interoperability of health care systems, secure health information exchange, and
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68th Legislature 2023                                                                                             HB 79.1
  assessment of teleSANE models of care to increase equitable access to quality sexual assault care; and
          (5)      identifying and implementing a statewide forensic nurse platform for sexual assault nurse
  examiners to engage, mentor, share, and network among colleagues.
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          NEW SECTION. Section 6.         Sexual assault response network program coordinator -- establish --
  general duties. (1) The department of justice shall employ a sexual assault response network program
  coordinator.
          (2)      The program coordinator shall administer the powers and duties of the program and committee
  as provided for in [sections 2 through 5].
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          NEW SECTION. Section 7.         Report required. The department of justice shall report annually to the
  law and justice interim committee in accordance with 5-11-210 on the activities of the sexual assault response
  network program and the sexual assault response team committee under [sections 2 through 5].
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          Section 8. Section 5-11-222, MCA, is amended to read:
          "5-11-222.    Reports to legislature. (1) (a) Except as provided in subsection (1)(b) and (6), a report to
  the legislature means a biennial report required by the legislature and filed in accordance with 5-11-210 on or
  before September 1 of each year preceding the convening of a regular session of the legislature.
          (b)      If otherwise specified in law, a report may be required more or less frequently than the biennial
  requirement in subsection (1)(a).
          (2)      Reports to the legislature include:
          (a)      annual reports on the unified investment program for public funds and public retirement
  systems and state compensation insurance fund assets audits from the board of investments in accordance
  with Article VIII, section 13 of the Montana constitution;
          (b)      federal mandates requirements from the governor in accordance with 2-1-407;
          (c)      activities of the state records committee in accordance with 2-6-1108;
          (d)      revenue studies from the director of revenue, if requested, in accordance with 2-7-104;
          (e)      legislative audit reports from the legislative audit division in accordance with 2-8-112 and 23-7-
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68th Legislature 2023                                                                                              HB 79.1
  410;
          (f)      progress on gender and racial balance from the governor in accordance with 2-15-108;
          (g)      a mental health report from the ombudsman in accordance with 2-15-210;
          (h)      policies related to children and families from the interagency coordinating council for state
  prevention in accordance with 2-15-225;
          (i)      watercourse name changes, if any, from the secretary of state in accordance with 2-15-401;
          (j)      results of programs established in 2-15-3111 through 2-15-3113 from the livestock loss board
  in accordance with 2-15-3113;
          (k)      the allocation of space report from the department of administration required in accordance
  with 2-17-101;
          (l)      information technology activities in accordance with 2-17-512;
          (m)      state strategic information technology plan exceptions, if granted, from the department of
  administration in accordance with 2-17-515;
          (n)      the state strategic information technology plan and biennial report from the department of
  administration in accordance with 2-17-521 and 2-17-522;
          (o)      reports from standing, interim, and administrative committees, if prepared, in accordance with
  2-17-825 and 5-5-216;
          (p)      statistical and other data related to business transacted by the courts from the court
  administrator, if requested, in accordance with 3-1-702;
          (q)      the judicial standards commission report in accordance with 3-1-1126;
          (r)      an annual report on the actual cost of legislation that had a projected fiscal impact from the
  office of budget and program planning in accordance with 5-4-208;
          (s)      a link to annual state agency reports on grants awarded in the previous fiscal year established
  by the legislative finance committee in accordance with 5-12-208;
          (t)      reports prepared by the legislative fiscal analyst, and as determined by the analyst, in
  accordance with 5-12-302(4);
          (u)      a report, if necessary, on administrative policies or rules adopted under 5-11-105 that may
  impair the independence of the legislative audit division in accordance with 5-13-305;
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68th Legislature 2023                                                                                             HB 79.1
            (v)    if a waste of state resources occurs, a report from the legislative state auditor, in accordance
  with 5-13-311;
            (w)    school funding commission reports each fifth interim in accordance with 5-20-301;
            (x)    a report of political committee operations conducted on state-owned property, if required, from
  a political committee to the legislative services division in accordance with 13-37-404;
            (y)    a report concerning taxable value from the department of revenue in accordance with 15-1-
  205;
            (z)    a report on tax credits from the revenue interim committee in accordance with 15-30-2303;
            (aa)   semiannual reports on the Montana heritage preservation and development account from the
  Montana heritage preservation and development commission in accordance with 15-65-121;
            (bb)   general marijuana regulation reports from the department of revenue in accordance with 16-12-
  110;
            (cc)   medical marijuana registry reports from the department of revenue in accordance with 16-12-
  532(3);
            (dd)   annual reports on general fund and nongeneral fund encumbrances from the department of
  administration in accordance with 17-1-102;
            (ee)   loans or loan extensions authorized for two consecutive fiscal years from the department of
  administration and office of commissioner of higher education, including negative cash balances from the
  commissioner of higher education, in accordance with 17-2-107;
            (ff)   a report of local government entities that have balances contrary to limitations provided for in
  17-2-302 or that failed to reduce the charge from the department of administration in accordance with 17-2-304;
            (gg)   an annual report from the board of investments in accordance with 17-5-1650(2);
            (hh)   a report on retirement system trust investments and benefits from the board of investments in
  accordance with 17-6-230;
            (ii)   recommendations for reductions in spending and related analysis, if required, from the office of
  budget and program planning in accordance with 17-7-140;
            (jj)   a statewide facility inventory and condition assessment from the department of administration
  in accordance with 17-7-202;
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68th Legislature 2023