2018 House Bill 1174 - House State Affairs

State of South Dakota  

952Z0195   HOUSE STATE AFFAIRS ENGROSSED    NO.  HB 1174 -  2/14/2018  

Introduced by:    Representatives Mickelson, Anderson, Bartels, Barthel, Beal, DiSanto, Duvall, Goodwin, Gosch, Greenfield (Lana), Hawley, Heinemann, Howard, Jensen (Kevin), Johns, Johnson, Kaiser, Kettwig, Lake, Livermont, Lust, Marty, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Rounds, Schaefer, Schoenfish, Steinhauer, Stevens, Wiese, Willadsen, and Zikmund and Senators Bolin, Cammack, Cronin, Curd, Greenfield (Brock), Haverly, Kennedy, Klumb, Kolbeck, Langer, Maher, Monroe, Novstrup, Partridge, Peters, Rusch, Solano, Tidemann, and Youngberg

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding rights for crime victims.
    Section 1. That § 23A-28C-4 be amended to read:
    23A-28C-4. For the purposes of this chapter, the term, victim, means any person being the direct subject of an alleged act, which that would constitute a crime of violence as defined by subdivision 22-1-2(9), burglary in the second degree, simple assault between persons in a relationship described in § 25-10-3.1 as defined in §§ 22-18-1 and 22-18-1.5, interference with emergency communication as defined in § 49-31-29.2, violation of a protection order or no contact order as defined in § 25-10-13, disorderly conduct between persons in a relationship described in § 25-10-3.1, stalking as defined in chapter 22-19A, a violation of chapter 22-22,

a violation of chapter 22-49, or a driving or boating under the influence vehicle accident, under the laws of South Dakota or the laws of the United States. If the victim does not survive such act, is a minor, or is unable to comment, the term, victim, means the members of the immediate family of the primary victim. The victim may also designate a representative to act on the victim's behalf.
    Section 2. That § 23A-28C-3 be amended to read:
    23A-28C-3.  A victim may seek a cause of action for injunctive relief to enforce the victim's rights under S.D. Const., Art. VI, § 29 or this chapter. No other cause of action exists against any person for a failure to comply with the terms of this chapter. If a victim as defined in § 23A-28C-4 alleges assert in writing to the court with jurisdiction over the case that a violation of this chapter has occurredand files the same with the court having jurisdiction over the criminal matter, the court, . The court shall act promptly to ensure the victim's rights and interests are protected in a manner no less vigorous than the protections afforded to the defendant. The court, in its discretion, may determine whether if additional hearings or orders are necessary to ensure compliance with the chapter. The court shall clearly enter on the record the reasons for any decision regarding the disposition of a victim's rights. A violation of any right set forth in § 23A-28C-1 does not constitute grounds for an appeal from conviction by a defendant or for any other relief from such conviction.
    Section 3. That the code be amended by adding a NEW SECTION to read:

    Nothing in this Act may prevent interagency multidisciplinary teams from sharing information for the purposes of investigating a crime or providing services to victims, as defined in § 23A-28C-4, in the course of the team member's speciality or occupation. Any information regarding a victim that a team member shares with other team members shall remain confidential, pursuant to this title. A team shall consist of law enforcement personnel, a

representative of the prosecuting attorney's office, licensed or certified medical professionals, and any victim advocate. Any interagency multidisciplinary team formed to investigate crimes involving child victims shall also include child advocacy center staff where such staff is available in the region, child protection team members, as defined in § 26-8A-17, and licensed or certified mental health professionals. The team may include additional members at the discretion of the team. Each multidisciplinary team shall have written procedures and guidelines. Multidisciplinary team members shall annually sign a memorandum of understanding acknowledging the procedure and guidelines. The memorandum of understanding shall also include an information sharing and confidentiality agreement, approved by the attorney general, assuring compliance with title 23A.The multidisciplinary team shall file a list of team members and the memorandums of understanding with the Office of the Attorney General and the Department of Social Services as required by § 26-8A-17.

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