Relating to authorizing the Governor’s Committee on Crime, Delinquency, and Correction to promulgate a legislative rule relating to sexual assault forensic examinations

2025 Regular Session Introduced by Doug Smith

House Bill 2256 empowers the Governor's Committee to set standards for sexual assault forensic exams, improving care for survivors and aiding investigations.

To House Homeland Security

#legislature--rulemaking

Bill Overview

Bill Number: HB 2256

Title: Relating to authorizing the Governor’s Committee on Crime, Delinquency, and Correction to promulgate a legislative rule relating to sexual assault forensic examinations

Status: To House Homeland Security

Introduced: February 12, 2025

Classification: Bill

Subject: Legislature--Rule Making

Purpose and Intent

House Bill 2256 aims to authorize the Governor's Committee on Crime, Delinquency, and Correction to create and implement a legislative rule concerning sexual assault forensic examinations. This legislative action is intended to enhance the protocols and standards surrounding the handling of sexual assault cases, ensuring that forensic examinations are conducted in a manner that is consistent, effective, and sensitive to the needs of survivors.

Key Provisions

Rule Promulgation: The bill specifically allows the Governor's Committee on Crime, Delinquency, and Correction to promulgate a legislative rule related to sexual assault forensic examinations.

Modification and Refiling: The bill references a legislative rule that was initially filed on September 9, 2024, and subsequently modified to address concerns raised by the Legislative Rule-Making Review Committee. This modified rule was refiled on November 20, 2024.

Code Reference: The bill amends and reenacts §64-6-1 of the Code of West Virginia, 1931, as amended, to include this new authorization.

Impact

Affected Parties: The primary stakeholders affected by this bill include:

The Governor's Committee on Crime, Delinquency, and Correction, which will gain the authority to establish rules.
Law enforcement agencies and medical professionals involved in conducting sexual assault forensic examinations.
Survivors of sexual assault, who may benefit from improved examination protocols and support services.

Potential Benefits: By establishing clear guidelines and standards for forensic examinations, the bill aims to improve the quality of care and support provided to survivors, potentially leading to better outcomes in the investigation and prosecution of sexual assault cases.

Legislative Timeline

February 12, 2025: Introduced in the House and referred to the House Judiciary Committee.

February 18, 2025: The bill was sent to the House Homeland Security Committee for further consideration.

This summary provides an overview of House Bill 2256, highlighting its purpose, key provisions, and the potential impact on stakeholders involved in sexual assault forensic examinations in West Virginia.

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