BILL NUMBER: SB 107	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 2, 2013
	PASSED THE ASSEMBLY  AUGUST 8, 2013
	AMENDED IN SENATE  APRIL 30, 2013
	AMENDED IN SENATE  APRIL 1, 2013

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, 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.


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
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 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,
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 Office of Emergency Services shall use
the discretionary funds from federal grants awarded to the agency
pursuant to the federal Violence Against Women and Department of
Justice Reauthorization Act of 2005 and the federal Violence Against
Women Reauthorization Act of 2013 through the federal Office of
Violence Against Women, specifically, the STOP (Services, Training,
Officers, and Prosecutors) Violence Against Women Formula Grant
Program, to cover the cost of the medical evidentiary examination
portion of a medical examination of a sexual assault victim.