AN ACT to amend and reenact section 12.1-34-07 of the North Dakota Century Code, relating to the expansion of medical examinations of victims of criminal conduct; and to provide an appropriation.
SB 2209 expands North Dakota’s law governing medical screening and forensic examinations for victims of criminal conduct. It extends the time window for an acute forensic medical examination from 96 hours to 120 hours after the alleged crime, unless good cause is shown for a delay, and continues to prohibit charging the alleged victim for the exam or preliminary screening through direct billing or third-party payers. The bill also retains and clarifies the separate child forensic medical examination provisions for alleged child victims of sexual conduct, physical abuse, or neglect.
The bill requires the attorney general, subject to legislative appropriations, to reimburse health care facilities and professionals for reasonable costs associated with medical screening and acute forensic examinations, and to reimburse accredited children’s advocacy centers for certain forensic interviews not covered by Medicaid or crime victims compensation. It also preserves the rule that evidence obtained during these examinations may not be used against the alleged victim in a separate prosecution. In addition, SB 2209 creates a $200,000 general fund appropriation for the domestic violence forensic medical examination program for the 2025-2027 biennium, including community-based or hospital-based examiner programs and related administrative costs, with reporting requirements to the attorney general and legislative appropriations committees.
The bill’s impact is to strengthen and fund the state’s forensic medical response for victims of sexual assault, domestic violence, child abuse, and neglect by broadening eligibility timing, supporting reimbursement, and formalizing program funding. It affects the North Dakota Century Code section on medical screening and acute forensic examinations and directs state money through the attorney general’s office to support victim services and examiner programs.
Overall sentiment around SB 2209 appears strongly favorable and largely noncontroversial. It passed the Senate unanimously and the House by a wide margin, with only one dissenting vote, indicating broad bipartisan support for expanding victim access to forensic examinations and related services. The absence of committee transcript discussion suggests there was little recorded public contention in the available materials.
The main policy issues reflected in the bill are the expanded 120-hour examination window, the scope of reimbursement for providers and advocacy centers, and the new appropriation for domestic violence forensic medical examination programs. Any potential concern would likely center on state spending and administrative oversight, but the vote totals indicate those concerns did not generate significant opposition.
SB 2209 amends North Dakota Century Code section 12.1-34-07 to expand and refine the state’s framework for medical screening and forensic examinations of victims of criminal conduct. It changes the acute forensic exam timing from 96 to 120 hours after the alleged crime, preserves no-cost protections for victims, authorizes reimbursement by the attorney general for qualifying exam costs, and adds a $200,000 general fund appropriation for domestic violence forensic medical examination programs and related reporting requirements. The bill primarily affects health care facilities, health care professionals, children’s advocacy centers, the attorney general, and victim-service programs.
The bill appears to have been received positively and with broad bipartisan support. It passed the Senate 47-0 and the House 90-1, suggesting strong agreement that the state should expand access to forensic medical examinations and support related victim services. No committee transcripts were provided, and the voting record indicates little visible opposition in the legislative process.
There is little evidence of major contention in the available record. The only notable policy questions are whether extending the exam window to 120 hours is appropriate, how much state funding should be dedicated to domestic violence forensic examiner programs, and how reimbursement and reporting should be administered. Any disagreement likely would have centered on fiscal oversight or program implementation rather than the underlying goal of supporting victims, but the near-unanimous votes suggest those concerns were limited.