Relating to victim protections including victim counselors, protective orders, sex offender registration, rights of sexual abuse victims, mental competency and civil commitment, restitution, and victim rights

The bill provides that a victim counselor or crime victim center participating in good faith in the disclosing of records and communications under the bill shall have immunity from any liability, civil or criminal, arising out of a disclosure under the bill. The good faith of the victim counselor or crime victim center shall be presumed. DIVISION II. The bill provides that in the sentencing proceeding for a person convicted of certain sexual offenses a prosecutor may request that the criminal court grant the victim an order of protection to remain in effect for the duration of the criminal court’s jurisdiction over the person. After the expiration of a criminal court’s jurisdiction over a person against whom an order of protection was granted pursuant to a request under this paragraph, the victim may file a petition for an order of protection against the person, or submit evidence of the person’s conviction for a sexual offense as cause for the court to grant the order of protection. A court may take judicial notice of the facts that led to a person’s conviction for a sexual offense and a victim is not required to appear before the court on the victim’s petition for an order of protection. Another person may appear on the victim’s behalf. The bill provides that a court may grant an order of protection for any length of time, including for a victim’s lifetime. An order of protection continues until the expiration provided in the order, if any, or until modified or rescinded upon a motion by the victim. DIVISION III. The bill provides that a sex offender must appear in person to register with the sheriff of each county where the offender has a residence, maintains employment, or is in attendance as a student, within three business days of being required to register. A sex offender must also notify the sheriff, within three business days of the following: a change of residence or employment, a change of attendance as a student, the establishment of a new residence or employment, and attendance of school in another jurisdiction. The bill requires a sex offender to appear in person to notify the sheriff of the county of principal residence of any location in which the offender is staying when away from the principal residence of the offender for more than five days by identifying the location and the period of time the offender is staying in such location. The bill provides that a sex offender appear in person to notify the sheriff of the county of the sex offender’s principal residence of the following: the name, address, and telephone number of the sex offender’s place of employment, and any changes to such information, and the license plate number and a physical description, including make, model, and color, of any vehicle owned or regularly operated by the sex offender. DIVISION IV. The bill provides that a law enforcement agency shall store a sexual abuse evidence collection kit in a clean, dry location for a minimum of years, or in the case of a minor victim for the lifetime of the minor victim, even if the reported victim of sexual abuse has not filed a criminal complaint. Prior to the disposal of a kit by a law enforcement agency, the law enforcement agency shall notify the reported victim in writing not fewer than days before the intended date of disposal of the kit, the reason for disposal of the kit, and the options that remain available for retention and analysis of the kit, if any. Upon written request of the reported victim, the law enforcement agency shall grant further preservation of the kit or its probative contents. The bill adds additional information to be included in the document provided to victims explaining the victim’s rights including the following: the right not to be prevented from receiving a sexual assault examination; the right to have a sexual assault examination kit or its probative contents preserved, without charge, for years, or in the case of a minor victim for the lifetime of the minor victim, even if the minor victim does not file a criminal complaint; the right to be informed of any results of a sexual assault examination kit if such disclosure would not impede or compromise an ongoing investigation; the right to be informed of the status and location of a sexual assault examination kit; and the right to be notified in writing by a law enforcement agency of the intended disposal of a kit. For notification purposes, the bill requires a victim to submit the victim’s physical address to the law enforcement office that has custody of the sexual assault examination kit. A victim must also notify the law enforcement office that has custody of the sexual assault examination kit of any change to the victim’s contact information. DIVISION V. The bill provides that upon a finding by an evaluating psychiatrist or licensed doctorate-level psychologist that there is no substantial probability that the defendant will be restored to competency in a reasonable amount of time, the court shall schedule a hearing to be held within days. Within days of receiving notice, a party may request a separate independent psychiatric evaluation to be performed by a psychiatrist or licensed, doctorate-level psychologist of the party’s own choosing. The requesting party must file notice of intent to seek such evaluation before the scheduled hearing. The requesting party must file notice of receipt of that report with the court. The court shall schedule a hearing to be held within days of receipt of notice. The bill provides that following an initial evaluation finding that there is no substantial probability that the defendant will be restored to competency in a reasonable amount of time and provided the defendant is otherwise eligible for pretrial release, the defendant may request a bond review hearing. In determining the conditions, if any, of the defendant’s release, the court shall consider whether the defendant is likely to voluntarily participate in the second evaluation as a factor in setting bond or other conditions of release. The bill provides that after the receipt of a second evaluation, or upon expiration of the time period for obtaining a second evaluation, the court shall hold a hearing to determine the defendant’s competency status. At the hearing, the court shall make one of the following findings: the defendant is competent to stand trial; the defendant is not currently competent but there is a substantial probability that the defendant will be restored to competency within a reasonable period of time; or the defendant is not competent and there is no substantial probability that the defendant will be restored to competency within a reasonable period of time. The bill provide