BILL NUMBER: AB 1860	CHAPTERED
	BILL TEXT

	CHAPTER  382
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 5, 2002
	PASSED THE ASSEMBLY  AUGUST 12, 2002
	PASSED THE SENATE  AUGUST 8, 2002
	AMENDED IN SENATE  JUNE 17, 2002
	AMENDED IN SENATE  MAY 28, 2002
	AMENDED IN ASSEMBLY  APRIL 11, 2002

INTRODUCED BY   Assembly Member Migden
   (Coauthors:  Assembly Members Alquist, Frommer, Jackson, and
Koretz)

                        JANUARY 31, 2002

   An act to amend Section 13823.11 of the Penal Code, relating to
sexual assault victims.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1860, Migden.  Sexual assault victim:  pregnancy counseling:
emergency contraception.
   Existing law sets forth minimum standards for the examination and
treatment of victims of sexual assault, including the taking of a
baseline gonorrhea culture, a syphilis serology, and specimens for a
pregnancy test, if indicated by the history of contact.
   This bill would provide, in addition, that where indicated by the
history of contact, a female victim of sexual assault shall be
provided with the option of postcoital contraception by a physician
or other health care provider, and postcoital contraception shall be
dispensed by a physician or other health care provider upon the
request of the victim.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13823.11 of the Penal Code is amended to read:

   13823.11.  The minimum standards for the examination and treatment
of victims of sexual assault or attempted sexual assault, including
child molestation and the collection and preservation of evidence
therefrom include all of the following:
   (a) Law enforcement authorities shall be notified.
   (b) In conducting the physical examination, the outline indicated
in the form adopted pursuant to subdivision (c) of Section 13823.5
shall be followed.
   (c) Consent for a physical examination, treatment, and collection
of evidence shall be obtained.
   (1) Consent to an examination for evidence of sexual assault shall
be obtained prior to the examination of a victim of sexual assault
and shall include separate written documentation of consent to each
of the following:
   (A) Examination for the presence of injuries sustained as a result
of the assault.
   (B) Examination for evidence of sexual assault and collection of
physical evidence.
   (C) Photographs of injuries.
   (2) Consent to treatment shall be obtained in accordance with
usual hospital policy.
   (3) A victim of sexual assault shall be informed that he or she
may refuse to consent to an examination for evidence of sexual
assault, including the collection of physical evidence, but that a
refusal is not a ground for denial of treatment of injuries and for
possible pregnancy and sexually transmitted diseases, if the person
wishes to obtain treatment and consents thereto.
   (4) Pursuant to Chapter 3 (commencing with Section 6920) of Part 4
of Division 11 of the Family Code, a minor may consent to hospital,
medical, and surgical care related to a sexual assault without the
consent of a parent or guardian.
   (5) In cases of known or suspected child abuse, the consent of the
parents or legal guardian is not required.  In the case of suspected
child abuse and nonconsenting parents, the consent of the local
agency providing child protective services or the local law
enforcement agency shall be obtained.  Local procedures regarding
obtaining consent for the examination and treatment of, and the
collection of evidence from, children from child protective
authorities shall be followed.
   (d) A history of sexual assault shall be taken.
   The history obtained in conjunction with the examination for
evidence of sexual assault shall follow the outline of the form
established pursuant to subdivision (c) of Section 13823.5 and shall
include all of the following:
   (1) A history of the circumstances of the assault.
   (2) For a child, any previous history of child sexual abuse and an
explanation of injuries, if different from that given by parent or
person accompanying the child.
   (3) Physical injuries reported.
   (4) Sexual acts reported, whether or not ejaculation is suspected,
and whether or not a condom or lubricant was used.
   (5) Record of relevant medical history.
   (e) (1) If indicated by the history of contact, a female victim of
sexual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.
   (2) Postcoital contraception shall be dispensed by a physician or
other health care provider upon the request of the victim.
   (f) Each adult and minor victim of sexual assault who consents to
a medical examination for collection of evidentiary material shall
have a physical examination which includes, but is not limited to,
all of the following:
   (1) Inspection of the clothing, body, and external genitalia for
injuries and foreign materials.
   (2) Examination of the mouth, vagina, cervix, penis, anus, and
rectum, as indicated.
   (3) Documentation of injuries and evidence collected.
   Prepubertal children shall not have internal vaginal or anal
examinations unless absolutely necessary (this does not preclude
careful collection of evidence using a swab).
   (g) The collection of physical evidence shall conform to the
following procedures:
   (1) Each victim of sexual assault who consents to an examination
for collection of evidence shall have the following items of evidence
collected, except where he or she specifically objects:
   (A) Clothing worn during assault.
   (B) Foreign materials revealed by an examination of the clothing,
body, external genitalia, and pubic hair combings.
   (C) Swabs and slides from the mouth, vagina, rectum, and penis, as
indicated, to determine the presence or absence of sperm and sperm
motility, and for genetic marker typing.
   (2) Each victim of sexual assault who consents to an examination
for the collection of evidence shall have reference specimens taken,
except when he or she specifically objects thereto.  A reference
specimen is a standard from which to obtain baseline information (for
example:  pubic and head hair, blood, and saliva for genetic marker
typing).  These specimens shall be taken in accordance with the
standards of the local criminalistics laboratory.
   (3) A baseline gonorrhea culture, and syphilis serology, shall be
taken, if indicated by the history of contact.  Specimens for a
pregnancy test shall be taken, if indicated by the history of
contact.
   (4) (A) If indicated by the history of contact, a female victim of
sexual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.
   (B) Postcoital contraception shall be dispensed by a physician or
other health care provider upon the request of the victim.
   (h) Preservation and disposition of physical evidence shall
conform to the following procedures:
   (1) All swabs and slides shall be air-dried prior to packaging.
   (2) All items of evidence including laboratory specimens shall be
clearly labeled as to the identity of the source and the identity of
the person collecting them.
   (3) The evidence shall have a form attached which documents its
chain of custody and shall be properly sealed.
   (4) The evidence shall be turned over to the proper law
enforcement agency.