Attorney General Opinion No. 2016-021 PDF Download

Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 9

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Book Description
Synopsis: Pursuant to K.S.A. 2016 Supp. 65-448, the victim or any law enforcement officer with the written consent of the reported victim may request a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The county where the alleged offense was committed is the responsible party to pay for such examination and sexual assault collection kit but may seek reimbursement as court costs from the convicted defendant for the costs paid by the county. In order to verify the validity of an invoice from the hospital or medical care facility, the county may request non-individually identifiable information associated with the victim to establish a sexual assault examination was conducted and a sexual assault kit was collected pursuant to K.S.A. 2016 Supp. 65-448. A minor, by statute, is competent to give or refuse consent for a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The hospital or medical care facility shall give written notice to the parent or guardian of a minor that such an examination has taken place even when the parent or guardian is the alleged assailant. Cited herein: K.S.A. 2016 Supp. 21-5107; 21-5503; 21-5504; 21-5506; 21-5604; K.S.A. 38-101; 38-108; 38-122; K.S.A. 38-123; 38-123b; 59-2949; K.S.A. 2016 Supp. 65-448; K.S.A. 65-2892; 65-2892a; K.S.A. 2016 Supp. 65-6704; and 74-7333.