SB 107, as introduced, Corbett. Sexual assault: victim medical evidentiary examination.
Existing law provides that the costs incurred by a qualified health care professional, hospital, or other emergency medical facility for the examination of the victim of a sexual assault for the purposes of gathering evidence for possible prosecution shall be charged to the local law enforcement agency in whose jurisdiction the alleged offense occurred. Existing law authorizes the local law enforcement agency to seek reimbursement from the California Emergency Management Agency or its successor, the Office of Emergency Services, for the costs of those examinations, as specified, in those cases in which the victim does not participate in the criminal justice system and authorizes, until January 1, 2014, the California Emergency Management Agency or the Office of Emergency Services to utilize certain federal grant moneys to provide that reimbursement.
This bill would extend indefinitely the authorization to utilize those federal grant moneys to provide that reimbursement.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13823.95 of the Penal Code is amended
(a) No costs incurred by a qualified health care
4professional, hospital, or other emergency medical facility for the
5medical evidentiary examination portion of the examination of the
6victim of a sexual assault, as described in the protocol developed
7pursuant to Section 13823.5, when the examination is
begin delete performed,end delete
8 pursuant to Sections 13823.5 and 13823.7, shall be
9charged directly or indirectly to the victim of the assault.
10(b) Any victim of a sexual assault who seeks a medical
11evidentiary examination, as that term is used in Section 13823.93,
12shall be provided with a medical evidentiary examination. No
13victim of a sexual assault shall be required to participate or to agree
14to participate in the criminal justice system, either prior to the
begin delete examination,end delete or at any other time.
16(c) The cost of a medical evidentiary examination performed
17by a qualified health care professional, hospital, or other emergency
18medical facility for a victim of a sexual assault shall be treated as
19a local cost and charged to the local law enforcement agency in
20whose jurisdiction the alleged offense was
begin delete committed, providedend delete
21 however, that the local law enforcement
22agency may seek reimbursement, as provided in subdivision (d),
23for the cost of conducting the medical evidentiary examination
24portion of a medical examination of a sexual assault victim who
25does not participate in the criminal justice system.
26(d) The amount that may be charged by a qualified health care
27professional, hospital, or other emergency medical facility to
28perform the medical evidentiary examination portion of a medical
29examination of a victim of a sexual assault shall not exceed three
30hundred dollars ($300). The
begin delete Californiaend delete Emergency
begin delete Management Agencyend delete shall use the discretionary funds
32from federal grants awarded to the agency pursuant to the federal
33Violence Against Women and Department of Justice
34Reorganization Act of 2005 through the federal Office of Violence
35Against Women, specifically, the STOP (Services, Training,
36Officers, and Prosecutors) Violence Against Women Formula
begin delete Programend delete to cover the cost of the medical
38evidentiary examination portion of a medical examination of a
P3 1sexual assault victim.
begin delete The agency is authorized to use grant funds end delete
begin deleteto pay for medical evidentiary examinations until January 1, 2014.end delete
Corrected 1-22-13—See last page. 99