BILL NUMBER: SB 534 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Corbett
(Coauthors: Senators Hancock, Liu, and Price)
FEBRUARY 17, 2011
An act to amend Section 17612 of the Government Code, and to
amend Section 13823.95 of the Penal Code, relating to victims
of sexual assault.
LEGISLATIVE COUNSEL'S DIGEST
SB 534, as amended, 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
the provision of forensic medical exam
examinations paid for by a local agency, it
would impose a state-mandated local program. The bill
would provide that specified funds in the
annual Budget Act for the California Emergency Management
Agency shall be used to reimburse any state-mandated
reimbursable costs resulting from this act that would otherwise be
claimable through the state mandates reimbursement process. The bill
would make related conforming changes.
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 17612 of the
Government Code is amended to read:
17612. (a) Upon receipt of the report submitted by the commission
pursuant to Section 17600, except as provided in Section
13823.95 of the Penal Code, funding shall be provided in the
subsequent Budget Act for costs incurred in prior years. No funding
shall be provided for years in which a mandate is suspended.
(b) The Legislature may amend, modify, or supplement the
parameters and guidelines, reasonable reimbursement methodology, and
adopted statewide estimate of costs for the initial claiming period
and budget year for mandates contained in the annual Budget Act. If
the Legislature amends, modifies, or supplements the parameters and
guidelines, reasonable reimbursement methodology, and adopted
statewide estimate of costs for the initial claiming period and
budget year, it shall make a declaration in separate legislation
specifying the basis for the amendment, modification, or supplement.
(c) If the Legislature deletes from the annual Budget Act funding
for a mandate, the local agency or school district may file in the
Superior Court of the County of Sacramento an action in declaratory
relief to declare the mandate unenforceable and enjoin its
enforcement for that fiscal year.
SECTION 1. SEC. 2. 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.
(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.
(d) The law enforcement agency in the jurisdiction in which the
alleged offense was committed that requests the examination has the
option of determining whether or not the examination will be
performed in the office of a physician and surgeon.
(e) Funds provided to the California Emergency Management Agency
pursuant to Item 0690-102-0890 of the annual Budget Act shall be made
available to the Controller to be used for claims pursuant to this
section that are approved by the Commission on State Mandates that
would otherwise be claimable through the state mandates reimbursement
process.
SEC. 2. SEC. 3. 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.