Lawmakers look to provide immunity in reporting a sexual assault where drugs are involved

• Conferees also look to revive legislation aimed at providing better care for rape victims at Mississippi emergency rooms.

A conference report was adopted by lawmakers on Tuesday that would give immunity to anyone who reports a sexual assault where drugs or alcohol are involved.

“Many times, when sexual assault happens, drugs and alcohol are involved. We don’t want to prevent somebody reporting a sexual assault just because they happen to be under the influence,” said State Senator Angela Hill (R).

She explained that HB 861 only applies if the caller does so “in good faith” at the scene of the crime while cooperating with law enforcement.

The six-page bill grants immunity from arrest, charges and prosecution for a drug violation when reporting the assault, the measure reads.

Additionally, the person reporting the assault is immune from penalties for violating a permanent or temporary protective order or a restraining order, corrective actions for violating pretrial release, probation or parole based on a drug violation, and forfeiture of property. However, the measure says contraband is subject to forfeiture.

Senator Hill said if enacted, the bill will allow law enforcement to prioritize sexual assaults.

In similar legislation, a bill that requires hospitals with an emergency room to have medical personnel on duty and able to collect evidence for rape kits during each shift was revived Monday night when conferees on SB 2211 agreed on its importance. Language from HB 928 was added to the Senate bill’s conference report.

READ MORE: Advocates rally for legislation aimed at providing better care for rape victims

The House measure died in the Senate Public Health and Welfare Committee chaired by Senator Hob Bryan (D) earlier this month, after unanimously passing the House.

The conference report must now be approved by both chambers before heading to the Governor for his signature.