Bill > S4185

Introduced Session

This bill requires trauma-informed sexual assault training for law enforcement officers and codifies the requirement that sexual assault victims be informed of and provided with services by county-based sexual violence programs. Current law requires the Division of Criminal Justice to develop or approve a training course and curriculum for law enforcement officers on the handling, investigation, and response procedures for reports of sexual assault. The division is required to make the course and curriculum available to all law enforcement agencies throughout the State. Law enforcement officers are required to complete the training every three years. This bill specifically requires the sexual assault training course and curriculum to include information on the neurobiological impact of trauma, the influence of societal myths and stereotypes, understanding perpetrator behavior, and conducting effective investigations. Law enforcement officers are to be trained on how specific experiences impact victim trauma, memory, reactions, and behavior, and the impact of the officer's interpretation of this behavior on the investigation; the impact of decisions the officer makes on the progression of the investigation; strategies for working with victims to facilitate trust and communication; strategies for postponing judgment on the validity of a case until a thorough investigation is completed; and investigative methods and techniques focusing on offender behavior. The bill clarifies that prosecutors also are required to complete sexual assault training. Current law requires each county to establish a sexual assault response team comprised of a certified forensic sexual assault nurse examiner, a rape care advocate, and a law enforcement officer for the purpose of responding to a report of sexual assault and providing treatment, counseling, legal, and forensic medical services pursuant to Attorney General guidelines. Under this bill, healthcare facilities and law enforcement agencies are statutorily required to ensure that a sexual assault victim is informed of the availability of services offered by a designated county sexual violence program, including the option to consult with a rape care advocate. The information is to be conveyed to the victim as soon as possible, but in any case before a sexual assault medical forensic examination is conducted or a statement is taken by a law enforcement agency. The healthcare facility or law enforcement agency is responsible for obtaining the services of a rape care advocate for the victim. The bill requires the rape care advocate to explain his or her role on the sexual assault response team and inform the victim of all available resources, including the services of the county program. The advocate also is to explain the importance of seeking medical attention, and the value of timely evidence collection and early reporting to law enforcement. The advocate is to be available to privately speak with the victim prior to and during any investigative and sexual assault medical forensic interview or procedure. It is also the responsibility of the advocate to provide the victim with a safe, neutral, and confidential place to consider options. The advocate is to support the victim's decisions and provide crisis intervention and emotional support during medical forensic examinations or law enforcement interviews. The advocate is required to periodically follow-up with the victim to ensure the victim is receiving all appropriate services. Communications between the advocate and the victim are to be held confidential. The services of the county sexual violence program, including the rape care advocate, are to be available to the victim throughout the post-sexual assault healing process. These services include accompanying the victim to forensic medical examinations, law enforcement agencies, or legal or court proceedings; providing crisis counseling, individual counseling, and support groups; providing referrals to additional resources; providing periodic follow-up visits with the victim; and providing support for non-offending family members and friends.

AI Summary

Committee Categories

Teresa Ruiz (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 11/07/2019)

Official Document