BILL NUMBER: SB 107	INTRODUCED
	BILL TEXT


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 
performed,   performed  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
 examination,   examination  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  committed,
provided   committed; provided,  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  California   Office
of  Emergency  Management Agency  
Services  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  Program   Program,  to
cover the cost of the medical evidentiary examination portion of a
medical examination of a sexual assault victim.  The agency
is authorized to use grant funds to pay for medical evidentiary
examinations until January 1, 2014. 
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