BILL NUMBER: SB 534	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 28, 2011
	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   Sections 13823.7, 13823.13, and
 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 
    (1)     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  bills fo   r
those costs shall be submitted to  that local jurisdiction 
and the local jurisdiction  shall bear those costs. 
   This bill would delete the provision requiring that the costs be
treated as local costs and charged to the local government agency in
whose jurisdiction the alleged offense was committed, and the
provision that the bills for the costs shall be submitted to the
local law enforcement agency. This bill would delete the provision
giving the local law enforcement agency the option of whether or not
the examination will be performed in the office of a physician and
surgeon. 
   This bill would  also  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 the
provision of forensic medical examinations paid for by a local
agency, it would impose a state-mandated local program. 
 The bill would also provide that any victim who seeks medical
treatment shall not be required to engage with law enforcement at the
time of the examination or any time following.  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 provide that the amount of the
examination costs shall be set by the California Emergency Management
Agency and shall be paid through the VAWA/STOP federal funding, as
provided. The bill would provide that the designation of the federal
  funds for medical forensic examinations shall sunset on
January 1, 2014.  The bill would make related conforming
changes. 
   (2) Existing law requires the California Emergency Management
Agency to establish a protocol for the examination and treatment of
victims of sexual assault, including child abuse. Existing law
requires the protocols to include a provision for the performance of
a physical examination for evidence of sexual assault, among other
things.  
   This bill would additionally require that the protocol also
include a provision for the performance of a physical examination for
any injuries or other physical condition, whether internal or
external, that was caused or was a result of a sexual assault or
child molestation.  
   (3) Existing law requires the California Emergency Management
Agency to develop a course of training for qualified health care
professionals relating to the examination and treatment of victims of
sexual assault. Existing law requires that the agency consult with
health care professionals and law enforcement agencies in developing
the course.  
   This bill would encourage the agency to designate that a course of
training for qualified health care professionals shall partner with
allied professional training courses, such as sexual assault
prosecutor training as administered by the California District
Attorneys Association, as specified.  
   (4) For purposes of these provisions, existing law defines a
qualified health care professional as a licensed physician and
surgeon, or a nurse who works in consultation with a physician and
surgeon who conducts examinations for victims of sexual abuse. 

   This bill would include a currently licensed nurse practitioner in
the definition of a qualified health care professional. 

    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   no  .


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.
   SEC. 2.    Section 13823.7 of the   Penal
Code   is amended to read: 
   13823.7.  The protocol adopted pursuant to Section 13823.5 for the
 medical treatment of victims of sexual assault, which includes
the  examination and treatment of victims of sexual assault or
attempted sexual assault, including child molestation, and the
collection and preservation of evidence therefrom shall include
provisions for all of the following:
   (a) Notification of injuries and a report of suspected child
sexual abuse to law enforcement authorities.
   (b) Obtaining consent for the examination, for the treatment of
injuries, for the collection of evidence, and for the photographing
of injuries.
   (c) Taking a patient history of sexual assault and other relevant
medical history.
   (d) Performance of the physical examination for evidence of sexual
assault.
   (e) Collection of physical evidence of assault. 
   (f) Performance of a physical examination for any injuries or
other physical, whether internal or external, conditions caused as a
result of the sexual assault or child molestation.  
   (f) 
    (g)  Collection of  other  medical
specimens  , including, but not limited to, foreign bodily fluid,
body tissue samples for detection, and treatment of suspected
sexually transmitted disease  . 
   (g) 
    (h)  Procedures for the preservation and disposition of
physical evidence.
   SEC. 2.   SEC. 3.   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.   13823.7, shall be charged
directly or indirectly to the victim of the assault. Any victim who
seeks medical treatment, as defined in Section 13823.93, shall not be
required to engage with law enforcement at the time of the
examination or any time following. The examination costs, the amount
of which shall be set by the California Emergency Management Agency,
shall be paid through the VAWA/STOP federal funding. The California
Emergency Management Agency shall direct the funds set aside in the
"Discretionary" Category of the VAWA/STOP funding formula, to be
designated for payment of medical forensic examinations. The
designation of the federal funds for medical forensic examinations
shall sunset on January 1, 2014.  
   (c) 
    (b)  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) 
    (c)  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. 4.    Section 13823.13 of the   Penal
Code   is amended to read: 
   13823.13.  (a) The agency shall develop a course of training for
qualified health care professionals relating to the examination and
treatment of victims of sexual assault. In developing the curriculum
for the course, the agency shall consult with health care
professionals and appropriate law enforcement agencies. The agency
shall also obtain recommendations from the same health care
professionals and appropriate law enforcement agencies on the best
means to disseminate the course of training on a statewide basis.
 The agency is encouraged to designate that a course of training
for qualified health care professionals, as described in this
section, and shall partner with other allied professionals training
courses, such as sexual assault investigator training administered by
the Peace Officer   Standards and Training (POST), sexual
assault prosecutor training as administered by the California
District Attorneys Association (CDAA), or sexual assault advocate
training as administered by California Coalition Against Sexual
Assault (CalCASA). 
   (b) The training course developed pursuant to subdivision (a)
shall be designed to train qualified health care professionals to do
all of the following:
   (1) Perform a health assessment of victims of sexual assault in
accordance with any applicable minimum standards set forth in Section
13823.11.
   (2) Collect and document physical and laboratory evidence in
accordance with any applicable minimum standards set forth in Section
13823.11.
   (3) Provide information and referrals to victims of sexual assault
to enhance the continuity of care of victims.
   (4) Present testimony in court.
   (c) As used in this section, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code who works in consultation with a physician and
surgeon or who conducts examinations described in Section 13823.9 in
a general acute care hospital or in the office of a physician and
surgeon  , or a nurse practitioner currently licensed pursuant to
Chapter 6 (commencing with Section 2834) of Division 2 of the
Business and Professions Code  .
   (d) As used in this section, "appropriate law enforcement agencies"
may include, but shall not be limited to, the Attorney General of
the State of California, any district attorney, and any agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators. 
  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.