BILL ANALYSIS Ó SB 1248 Page 1 Date of Hearing: August 8, 2012 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 1248 (Alquist) - As Amended: May 29, 2012 Policy Committee: Public Safety Vote: 6-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill requires a victim of a sex crime who is under 16 years of age, and is facing a contempt charge for refusing to testify in a related legal proceeding, to meet with a victim advocate, as defined, unless the court finds, for good cause that it is not in the best interest of the victim. FISCAL EFFECT Unknown, likely minor special fund or federal fund costs to the California Emergency Management Agency to provide additional victim advocate services. (Total state funds from the Victim-Witness Fund, the federal Violence Against Women Act, and federal Victims of Crime Act exceed $60 million.) COMMENTS 1)Rationale . Sponsored by the Santa Clara County District Attorney, this bill is intended to protect minors who may be afraid to testify - offenders are often family members - by requiring a meeting with a trained victim advocate, unless the court finds such a meeting is not in the best interest of the victim. According to the author, "In child sex assault cases, all too often a combination of factors - the loss of a breadwinner's income and fear of financial instability, denial, misconceptions of how a molested child will act - can lead to a hostile environment for the victim. These factors can make clear to the victim, a child, that the family's finances and relationships are in ruin because of her allegations. SB 1248 Page 2 "The victim, who initially wanted the abuse to stop, now wants the legal process to stop. In some cases, leading them to recant their initial statements or refuse to participate in the legal proceeding. Without their testimony, they're told, the case will go away and the family can return to how it was before the allegations were made." 2)Support includes the California District Attorneys Association. 3)There is no known opposition . Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081