BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 534
                                                                  Page  1

          Date of Hearing:   August 17, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 534 (Corbett) - As Amended:  August 15, 2011 

          Policy Committee:                              Public 
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill makes changes to sexual assault forensic protocol to 
          conform California to federal requirements for Violence Against 
          Women Act (VAWA) funding. Specifically, this bill:

          1)Specifies that any sexual assault victim who seeks a forensic 
            medical exam is not required to engage with law enforcement in 
            order to receive the exam. 

          2)Authorizes a local law enforcement agency to seek 
            reimbursement for the cost of a forensic medical exam 
            involving a victim who has declined to participate in the 
            criminal justice system by applying to the California 
            Emergency Management Agency (CalEMA) for federal discretionary 
            VAWA funding from the Services, Training, Officers and 
            Prosecutors (STOP) Violence Against Women Formula Grant 
            Program. The authorization to use the VAWA STOP funds for 
            medical forensic examinations sunsets January 1, 2014.

          3)Encourages CalEMA to partner with specified professional 
            organizations when developing the required training course for 
            health professionals relating to examination and treatment of 
            sexual assault victims. 

           FISCAL EFFECT  

          Moderate annual federal fund costs for two years, likely less 
          than $250,000, for forensic exam reimbursement. Based on more 
          than 5,000 forcible rates reported statewide in 2010, if 75% 
          seek a forensic exam, and 20% of those exams involved victims 
          who decline to cooperate with law enforcement, at $300 per exam 








                                                                  SB 534
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          the annual costs would be about $225,000.

          California currently receives about $12.6 million annually in 
          VAWA STOP funding. CalEMA acknowledges 15% of this amount is 
          available for discretionary purposes, which, after 
          administrative costs, amounts to about $1.7 million.

           COMMENTS  

           Rationale  . According to the author and sponsors, the Alameda 
          County District Attorney and the  
          California Coalition Against Sexual Assault (CALCASA), this bill 
          is necessary to comply with VAWA requirements that sexual 
          assault victims not be denied medical forensic exams if they do 
          not cooperate with law enforcement.

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081