BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 107
          Author:   Corbett (D), et al.
          Amended:  4/30/13
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/9/13
          AYES:  Hancock, Anderson, Block, De León, Knight, Liu, Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 4/22/13
          AYES:  De León, Walters, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Gaines


           SUBJECT  :    Sexual assault:  victim medical evidentiary  
          examination

           SOURCE  :     Alameda County District Attorneys Office
                      California Coalition Against Sexual Assault


           DIGEST  :    This bill repeals the January 1, 2014, sunset date  
          authorizing the use of federal Violence Against Women Act (VAWA)  
          grant funding to cover the costs of the medical evidentiary  
          examination portion of medical examinations of sexual assault  
          victims.

           ANALYSIS  :    

          Existing law:

          1. Provides that no costs incurred by a qualified health care  
             professional, hospital, or other emergency medical facility  
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             for the medical evidentiary examination portion of the  
             examination of the victim of a sexual assault, as specified,  
             shall be charged directly or indirectly to the victim of the  
             assault.  (Penal Code (PEN) Section 13823.95)

          2. Provides that 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 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.  

          3. Provides that 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 $300.  "The California  
             Emergency Management Agency 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 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."  (PEN Section 13823.95(d))

          This bill:

          1. Repeals the January 1, 2014, sunset date authorizing the use  
             of grant funds.

          2. Makes additional, technical changes.

           Background
           
          VAWA was enacted in United States Congress in 1994.  It has been  
          reenacted in 2000 and 2005.  On March 7, 2013, President Obama  

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          signed an extension of VAWA for another five years.  

          According to the U.S. Department of Justice (DOJ), the intent of  
          VAWA is to "remedy the legacy of laws and social norms that  
          serve to justify violence against women.  Since the passage of  
          VAWA, there has been a paradigm shift in how the issue of  
          violence against women is addressed."  In 2000, VAWA expanded or  
          created programs for sexual assault victims, dating violence  
          victims and battered immigrants.  Domestic violence victims who  
          fled across state lines were allowed to obtain custody orders in  
          their new states.  In 2005, VAWA was expanded to include court  
          training, child witness and culturally specific programs.   
          Expansions of VAWA generally have been done to reach underserved  
          populations.

          The initial VAWA legislation established the Office on Violence  
          Against Women (OVW) in the DOJ.  According to DOJ, "OVW  
          administers financial and technical assistance ? around the  
          country to facilitate" programs and practices to end or limit  
          sexual assault, domestic and dating violence, and stalking.  

          VAWA effectively set national standards for state and local  
          government responses to sexual assault, domestic violence and  
          related issues.  These standards maintained or enforced in  
          significant part through conditions on grants of federal funds  
          to states, local governments, tribal entities, non-profit  
          organizations and even law schools.  

          The STOP grants under VAWA are essentially the subject of this  
          bill.  Each state receiving a STOP grant must allocate the funds  
          in this manner:  25% to law enforcement; 25% to prosecution; 5%  
          for courts; and 30% for victim services.  In order to receive  
          STOP funds, the state or another governmental entity must bear  
          "the full out-of-pocket cost of forensic exam ? for victims of  
          sexual assault."  The state or local entity may not condition  
          receipt of an examination on cooperation by the victim with law  
          enforcement.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, ongoing VAWA  
          grant expenditures of less than $150,000 (Federal) per year in  
          reimbursements for forensic medical examinations.  The Office of  

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          Emergency Services reimbursed 24 claims totaling less than  
          $10,000 in 2012.  Potential cost savings (General Fund) to the  
          extent the sunset would have resulted in state costs to  
          reimburse local law enforcement agencies in the absence of  
          available federal funds.

           SUPPORT  :   (Verified  4/30/13)

          Alameda County District Attorney's Office (co-source)
          California Coalition Against Sexual Assault (co-source)
          Alameda County Board of Supervisors
          California Chapter of the American College of Emergency  
          Physicians
          California District Attorneys Association
          California Police Chiefs Association 
          California State Sheriffs' Association
          Crime Victims United of California 
          Peace Officers Research Association of California


           ARGUMENTS IN SUPPORT  :    According to the author's office, the  
          appropriation of VAWA Funds for forensic medical examinations  
          for victims/survivors of sexual assault who do not wish to  
          cooperate with law enforcement granted under SB 534 (Corbett,  
          Chapter 360, Statutes of 2011) will sunset on January 1, 2014.   
          After that time, it is unclear what funding source will be used  
          to reimburse local law enforcement for these forensic medical  
          examinations.  Without the extension of this authorization, if  
          no additional funding source can be found to reimburse local law  
          enforcement, California may once again fall out of compliance  
          with the VAWA.

          Sexual assault remains a problem for Californians.  In 2009, in  
          the U.S., 1.3 million women were raped.  In the U.S., nearly one  
          in five women and one in 71 men will be raped in their lifetime.  
           In California alone, approximately two million women have been  
          raped in their lifetime.  In 2012, California Emergency  
          Management Agency/Office of Emergency Services received  
          approximately $12 million from the federal government for VAWA.

          Victims of sexual assault have already suffered physical trauma,  
          fear, and an attack on their privacy and dignity.  This bill  
          will reaffirm California's commitment to protecting victim's  
          rights.  Also, it is not only important for the victim should  

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          they choose to pursue legal action later, but also for society  
          at large as these tests will grow the DNA database which will  
          help to ensure that those who commit horrendous crimes can be  
          held accountable.


          JG:k  4/30/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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