BILL ANALYSIS                                                                                                                                                                                                    ”



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          SENATE THIRD READING
          SB 534 (Corbett)
          As Amended  August 26, 2011
          Majority vote 

           SENATE VOTE  :39-0  
           
           PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey,          |
          |     |Hagman, Hill, Mitchell,   |     |Blumenfield, Bradford,    |
          |     |Skinner                   |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
           ----------------------------------------------------------------- 

           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 provide for the collection of 
            other medical specimens.

          2)States that no costs incurred by a qualified health care 
            professional, hospital, or other emergency medical facility 
            for the medical evidentiary examination portion of the 
            examination of the victim of a sexual assault shall be charged 
            directly or indirectly to a victim of assault.  

          3)States that the cost of a medical evidentiary examination for 
            a victim of a sexual assault shall be treated as a local cost 
            and charged to the local law enforcement agency in whose 
            jurisdiction the alleged offense was committed, provided 
            however, that the local law enforcement agency may seek 
            reimbursement for the cost of conducting the medical 
            evidentiary examination portion of a medical examination of a 
            sexual assault victim who does not participate in the criminal 
            justice system.









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          4)States that the amount that may be charged by a qualified 
            health care professional, hospital, or other emergency medical 
            facility to perform the medical evidentiary examination 
            portion of a medical examination of a victim of a sexual 
            assault shall not exceed $300.

          5)States that CalEMA shall use the discretionary funds from 
            federal grants awarded to the agency pursuant to the STOP 
            (Services, Training, Officers, and Prosecutors) Violence 
            Against Women Formula Grant Program to cover the cost of the 
            medical evidentiary examination of a sexual assault victim.

          6)Authorizes CalEMA to use grant funds to pay for medical 
            evidentiary examinations until January 1, 2014.

          7)Mandates CalEMA to develop a course of training for qualified 
            health care professionals relating to the examination and 
            treatment of victims of sexual assault, and consult with 
            health care professionals and appropriate law enforcement 
            agencies and obtain recommendations on the best means to 
            disseminate the course of training on a statewide basis.

          8)Encourages CalEMA to designate that a course of training for 
            qualified health care professionals, as defined, and states 
            that CalEMA 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. 

          9)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, a nurse 
            practitioner, or a physician's assistant, 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 








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            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.  

          2)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:

             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.  

           EXISTING FEDERAL LAW  :  Violence Against Women Act (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. 








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          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  :   According to the Assembly Appropriations 
          Committee, 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 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  :   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."
           
          Please see the policy committee analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 



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