BILL ANALYSIS Ó
SB 534
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Date of Hearing: June 21, 2011
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 534 (Corbett) - As Amended: May 31, 2011
As Proposed to be Amended in Committee
SUMMARY : Provides that victims of sexual assault are not
required to participate in the criminal justice system in order
to be provided with a forensic medical examination.
Specifically, this bill :
1)Adds a provision to protocol relating to the medical treatment
of victims of sexual assault to include performance of a
physical examination for any injuries or other physical
conditions, whether internal or external, caused as a result
of the sexual assault or child molestation.
2)Adds a provision to protocol relating to the medical treatment
of victims of sexual assault to provide for the collection of
medical specimens, including, but not limited to, foreign
bodily fluid, body tissue sample for detection and or
treatment of suspected sexually transmitted disease.
3)States that any victim who seeks medical treatment, as
defined, shall not be required to engage with law enforcement
at the time of the examination or any time following.
4)Provides that the examination costs, the amount of which shall
be set by the California Emergency Management Agency (CalEMA),
shall be paid through theViolence Against Women Act (VAWA)
STOP (Services, Training, Officers, Prosecutors) federal
funding.
5)Mandates CalEMA to 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.
6)Encourages CalEMA to designate that a course of training for
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qualified health care professionals, as defined, shall partner
with other allied professional training courses, such as
sexual assault investigator training administered by the
Commission on Peace Officer Standards and Training, or sexual
assault prosecutor training as administered by California
District Attorneys Association or sexual assault advocate
training as administered by California Coalition Against
Sexual Assault.
7)Defines "qualified health care professional" as a physician, a
surgeon, a nurse who works in consultation with a physician or
surgeon or who conducts examinations in a general acute care
hospital or in the office of a physician or surgeon, or a
nurse practitioner, as defined by law.
EXISTING LAW :
1)Provides that no costs incurred by a qualified health care
professional, hospital, or other emergency facility for the
examination of the victim of sexual assault when the
examination is performed, as specified, for the purpose of
gathering evidence for possible prosecution, shall be charged
directly or indirectly to the victim of sexual assault. 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. The law enforcement
agency in the jurisdiction in which the alleged offense was
committed which request the examination has the option of
determining whether or not the examination will be performed
in the office of a physician or surgeon. (Penal Code Section
13823.95.)
2)Requires the Office of Emergency Services (OES), with the
assistance of the sexual assault advisory committee, to
establish a protocol 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. ÝPenal Code Section
13823.5(a).]
3)Provides that the protocol for the examination and treatment
of sexual assault, attempted sexual assault, including child
molestation, and the collection of and preservation therefrom
shall include all of the following:
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a) Notification of injuries and a report of suspected child
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) Collection of other medical specimens; and,
g) Procedures for the preservation and disposition of
physical evidence. (Penal Code Section 13823.7.)
4)States that consent to an examination for evidence of sexual
assault shall be obtained prior to the examination of a victim
of sexual assault. 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. Separate
written documentation of consent must be obtained for 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; and,
c) Photographs of injuries. ÝPenal Code Section
13823.11(c)(1).]
5)States that 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
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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. ÝPenal Code Section 13823.11(c)(3).]
EXISTING FEDERAL LAW : VAWA was enacted in Congress in 1994 and
reenacted in 2000 and 2005. VAWA was the first comprehensive
legislative package that focused on violence against women and
their children. VAWA created new legal tools and grant programs
addressing domestic violence, sexual assault, stalking and
related issues. ÝSee generally Violent Crime Control and Law
Enforcement Act of 1994, Pub.L. No. 103-322 (Sept. 13, 1994) 108
Stat. 1902; Victims of Trafficking and Violence Protection Act
of 2000, Pub.L. No. 106-386 (Oct. 28, 2000) 114 Stat. 1464;
Violence Against Women and Department of Justice Reauthorization
Act of 2005, Pub.L. No. 109-162 (Jan. 5, 2006) 119 Stat. 2960.]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Senate Bill 534
assures that a victim of a sexual assault shall not be billed
directly or indirectly for medical and forensic exams as a
result of a sexual assault crime regardless of their decision
to cooperate with law enforcement.
"Currently, California receives $13 million annually through the
Violence Against Women Act. We are at risk of losing these
funds unless California codifies the provisions of the
Violence Against Women Act. Senate Bill 534 will bring
California Statue into compliance and allow California to
continue receiving federal appropriations.
"This legislation is crucial for victims, local government, law
enforcement, and hospitals. It is vital that California
continues to address the needs of victims and have a fair and
consistent practice for funding these forensic exams."
2)Background : According to the background provided by the
author, "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
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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 (Violence Against Women Act) and
eligibility for STOP (Services Training Officer Prosecutors)
funding.
"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,
California will be at risk of losing these federal dollars."
3)VAWA Federal Grants : VAWA was enacted in Congress in 1994 and
reenacted in 2000 and 2005. The initial VAWA legislation
established the Office of Violence Against Women (OVW) in the
Department of Justice. According to the Department of
Justice, "OVW administers financial and technical assistance .
. . around the country to facilitate" programs and practices
to end or limit sexual assault, domestic and dating violence,
and stalking." Ý (as
of June 15, 2011).]
VAWA set national standards for state and local government
responses to sexual assault, domestic violence and related
issues. These standards are maintained or enforced in
significant part through conditions on grants of federal funds
to states, local governments, tribal entities and non-profit
organizations. The STOP grants under VAWA requires that each
state or governmental entity that receives the funds must bear
"the full out-of-pocket cost of forensic exam for victims of
sexual assault." The state or local entity may not condition
receipt of an examination on cooperation by the victim with
law enforcement. (42 U.S.C. Section 3896gg-4; See also DOJ,
OVW website found at (as of June 16, 2011).]
4)California VAWA STOP Program : CalEMA is the State
Administrator for the California VAWA STOP Program. According
to information provided on OES' Web site:
"The California VAWA STOP Program promotes a coordinated,
multidisciplinary approach to enhancing advocacy and improving
the criminal justice system's response to violent crimes
against women. It encourages the development and improvement
of effective law enforcement and prosecution strategies,
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advocacy, and services in cases involving violent crimes
against women.
"The development of California's 2010-2012 VAWA STOP
Implementation Plan was in collaboration with representatives
of law enforcement; prosecution; nonprofit, nongovernmental
victim advocacy and service providers; and the courts. The
programs outlined in the 2010-2012 VAWA STOP Implementation
Plan address the following: Services for victims of sexual
assault, domestic violence, dating violence, and stalking;
Development and implementation of protocols; Training for
judges, prosecutors, victim service providers, and law
enforcement; and Development and implementation of coordinated
community responses to violence against women.
" . . . funds will be allocated consistent with VAWA STOP
requirements: 25 percent for law enforcement, 25 percent for
prosecution, 5 percent for the courts, 30 percent for victim
services of which at least 10 percent will be distributed to
culturally specific community-based organizations, and the
remainder as discretionary. The State of California will meet
the match requirement for all nonprofit, nongovernmental
victim service providers and tribes." ÝCalifornia 2010-2012
VAWA STOP Implementation Plan found at
(as of June 15, 2011).]
5)Arguments in Support : According to the California Coalition
Against Sexual Assault , "On behalf of the California Coalition
Against Sexual Assault, representing the 63 rape crisis
centers throughout the Golden State, we would like to express
our support for Senate Bill 534. This bill would provide
survivors of sexual assault access to forensic exams without
any direct costs or restrictions.
"In 2005, Congress passed the Violence Against Women Act
Reauthorization. VAWA Reauthorization contained a provision
that allowed all survivors of sexual assault access to
forensic examinations whether or not they participated with
the criminal justice process. This important provision gave
survivors the right to press charges when the survivor felt
prepared to proceed without restricting their access to a
forensic exam.
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"Forensic examinations are essential to collecting
time-sensitive evidence considered crucial to the conviction
of sexual assault predators. This evidence must be collected
soon after an assault is committed and should not be
contingent on a survivor pressing charges."
6)Prior Legislation :
a) SB 50 (Corbett), of the 2009-10 Legislative Session,
would have provided 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. SB 50 was never heard by this
Committee.
b) AB 506 (Maze), Chapter 535, Statutes of 2003, includes
in the uniform protocol for the medical examination of
sexual assault victims the taking of the victim's urine for
toxicology purposes to determine if drugs or alcohol were
used in the assault.
c) AB 1860 (Migden), Chapter 382, Statutes of 2002,
requires that female victims of sexual assault be provided
information and services pertaining to emergency
contraception.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County District Attorney (Sponsor)
Alameda County Board of Supervisors
California Coalition Against Sexual Assault
California National Organization for Women
California Partnership to End Domestic Violence
National Association of Social Workers, California Chapter
National Council of Jewish Women Los Angeles
Police Officers Research Association of California
Opposition
None
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Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744