BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  SB 534
                                                                  Page  1

          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.  ›Penal 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.  ›Penal 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.  ›Penal 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.  ›See 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."  › (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."  ›California 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