Senate Bill No. 107

Introduced by Senator Corbett

(Coauthors: Senators De León, DeSaulnier, Galgiani, Hancock, Jackson, Liu, and Pavley)

(Coauthors: Assembly Members Bonilla, Bonta, Buchanan, Campos, Frazier, Mitchell, Quirk, Wieckowski, and Williams)

January 10, 2013

An act to amend Section 13823.95 of the Penal Code, relating to sexual assault.

LEGISLATIVE COUNSEL’S DIGEST

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 1.  

Section 13823.95 of the Penal Code is amended
to read:

13823.95.  

(a) 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, as described in the protocol developed
pursuant to Section 13823.5, when the examination is begin delete performed, end delete
begin insert performed end insert pursuant to Sections 13823.5 and 13823.7, shall be
charged directly or indirectly to the victim of the assault.

(b) Any victim of a sexual assault who seeks a medical
evidentiary examination, as that term is used in Section 13823.93,
shall be provided with a medical evidentiary examination. No
victim of a sexual assault shall be required to participate or to agree
to participate in the criminal justice system, either prior to the
begin delete examination, end delete begin insert examination end insert or at any other time.

(c) The cost of a medical evidentiary examination performed
by a qualified health care professional, hospital, or other emergency
medical facility 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 begin delete committed, provided end delete
begin insert committed; provided, end insert however, that the local law enforcement
agency may seek reimbursement, as provided in subdivision (d),
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.

(d) 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 three
hundred dollars ($300). The begin delete California end delete begin insert Office of end insert Emergency
begin delete Management Agency end delete begin insert Services end insert shall use the discretionary funds
from federal grants awarded to the agency pursuant to the federal
Violence Against Women and Department of Justice
Reorganization Act of 2005 through the federal Office of Violence
Against Women, specifically, the STOP (Services, Training,
Officers, and Prosecutors) Violence Against Women Formula
Grant begin delete Program end delete begin insert Program, end insert to cover the cost of the medical
evidentiary examination portion of a medical examination of a
sexual assault victim. begin delete The agency is authorized to use grant funds end delete
begin delete to pay for medical evidentiary examinations until January 1, 2014. end delete

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CORRECTIONS:

Heading--Line 2.

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