BILL NUMBER: SB 534	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Corbett

                        FEBRUARY 17, 2011

   An act to amend Section 13823.95 of the Penal Code, relating to
victims of sexual assault.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 534, as introduced, Corbett. Victims of sexual assault.
   Existing law provides that no costs incurred by a qualified health
care professional, hospital, or other emergency medical facility for
the examination of the victim of a sexual assault for the purposes
of gathering evidence for possible prosecution shall be charged
directly or indirectly to the victim of the assault. Existing law
provides that the law enforcement agency in the jurisdiction in which
the alleged sexual assault was committed which requests the
examination has the option of determining whether or not the
examination will be performed in the office of a physician and
surgeon, and that local jurisdiction shall bear those costs.
   This bill would provide that victims of sexual assault are not
required to participate in the criminal justice system or cooperate
with law enforcement in order to be provided with a forensic medical
exam. Because this bill would expand a victim's right to a medical
exam paid for by a local agency, it would impose a state-mandated
local program.
    The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 13823.95 of the Penal Code is amended to read:
   13823.95.   (a)    No costs incurred by a
qualified health care professional, hospital, or other emergency
medical facility for the examination of the victim of a sexual
assault, as described in the protocol developed pursuant to Section
13823.5, when the examination is performed, pursuant to Sections
13823.5 and 13823.7, for the purposes of gathering evidence for
possible prosecution, shall be charged directly or indirectly to the
victim of the assault. Those costs shall be treated as local costs
and charged to the local governmental agency in whose jurisdiction
the alleged offense was committed. 
    Bills 
    (b)     Bills  for these costs shall
be submitted to the law enforcement agency in the jurisdiction in
which the alleged offense was committed which requests the
examination. 
   (c) Victims of sexual assault are not required to participate in
the criminal justice system or cooperate with law enforcement in
order to be provided with a forensic medical exam.  
    The 
    (d)     The  law enforcement agency in
the jurisdiction in which the alleged offense was committed which
requests the examination has the option of determining whether or not
the examination will be performed in the office of a physician and
surgeon.
  SEC. 2.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.