BILL ANALYSIS                                                                                                                                                                                                    



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 534|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 534
          Author:   Corbett (D), et al
          Amended:  5/31/11
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 3/29/11
          AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg
          NO VOTE RECORDED:  Calderon

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg


           SUBJECT  :    Sexual assault victims:  forensic medical exams

           SOURCE  :     Alameda County District Attorney


           DIGEST  :    This bill provides 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.

           ANALYSIS  :    Existing federal law includes the Violence 
          Against Women Act (VAWA), which establishes an office 
          within the Department of Justice to administer the Act, 
          including the Services-Training Officers-Prosecutors (STOP) 
          grant program.  (42 USCA Section 3796.)  The Office has 
          authority over all grants, cooperative agreements, and 
          contracts pursuant to VAWA, and develops policy, protocols, 
          and guidelines for programs receiving grants under the Act. 
                                                           CONTINUED





                                                                SB 534
                                                                Page 
          2

           (42 USCA Section 3796gg0b.)  

          Existing federal law bars a state from receiving a VAWA 
          grant unless state law provides as follows:

                 A sexual assault victim shall not be charged for 
               forensic and medical examinations, as specified.

                 A victim shall not be required to seek 
               reimbursement from his/her insurance carrier.

                 The requirement can be met if the state provides 
               for victim reimbursement for medical costs, as 
               specified, state law can place no limit on the amount 
               of reimbursement and the state must provide 
               reimbursement within 90 days of receipt of notice of 
               the expense.

                 A sexual assault victim shall not be required to 
               participate in the criminal justice system in order to 
               receive a forensic medical exam or to receive 
               reimbursement for the exam.  (42 USCA Section 
               3796gg-4.)

          Existing California law generally provides for standards 
          and protocols for the examination and treatment of victims 
          of sexual assault and attempted sexual assault, including 
          child molestation, and the collection and preservation of 
          evidence therefrom.  (Penal Code Section 13823.5.)

          Existing California law provides that the protocol 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 shall 
          include provisions for all of the following:

                 Notification of injuries and a report of suspected 
               child sexual abuse to law enforcement authorities.

                 Obtaining consent for the examination, for the 
               treatment of injuries, for the collection of evidence, 
               and for the photographing of injuries.

                 Taking a patient history of sexual assault and 

                                                           CONTINUED





                                                               SB 534
                                                                Page 
          3

               other relevant medical history.

                 Performance of the physical examination for 
               evidence of sexual assault.

                 Collection of physical evidence of assault. 

                 Collection of other medical specimens.

                 Procedures for the preservation and disposition of 
               physical evidence. (Penal Code Section 13823.7.)  

          Existing California 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, as specified, when the 
          examination is performed 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.  (Penal Code Section 13823.95.)  
          Current law provides that 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, and that 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. 

          This bill amends this section to 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."

          This bill provides that 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 
          Commission on State mandates that otherwise be claimable 
          through the state mandates reimbursement process.

           Prior Legislation
           

                                                           CONTINUED





                                                                SB 534
                                                                Page 
          4

          SB 50 (Corbett) of 2009 passed the Senate Floor with a 39-0 
          vote on June 3, 2010.  SB 50 died in the Assembly

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2011-12     2012-13    
           2013-14   Fund
           
          Additional forensic Potentially major state-reimbursable 
          costs; General
          medical exams       $120 - $900 per one percent of reported
                              victims

          Additional sexual                            Minor costs 
          annually to DOJ                                    Special*
          assault kits

          *DNA Identification Fund                     

           SUPPORT  :   (Verified  5/31/11)

          Alameda County District Attorney (source)
          California Coalition Against Sexual Assault
          California Police Chiefs Association
          National Council of Jewish Women
          Peace Officers Research Association of California


           ARGUMENTS IN SUPPORT  :    The author's office states in many 
          parts of California, the only way a victim can receive a 
          forensic exam without having to pay for it is when a law 
          enforcement agency requests and authorizes the forensic 
          exam.  In cases where a victim chooses not to cooperate 
          with law enforcement and the law enforcement agency does 
          not authorize the exam, the victim may not receive such an 
          exam.  Furthermore, the jurisdiction is out of compliance 
          with VAWA regulations, thereby jeopardizing the state's 
          compliance with VAWA and eligibility for STOP funding.


                                                           CONTINUED





                                                                SB 534
                                                                Page 
          5

          California currently receives approximately $13 million 
          annually from the federal government for VAWA.  If a state 
          is found to be out of compliance with VAWA requirements, 
          they may be at risk of losing these federal dollars.

          Each year, women experience about 4.8 million intimate 
          partner-related physical assaults and rapes.  According to 
          the Department of Justice, the number of reported forcible 
          rapes increased 2.5 percent during the first six months of 
          2008 when compared to the same period in 2007 (from 2,748 
          to 2,818).


          RJG:do  5/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
          


























                                                           CONTINUED