BILL ANALYSIS �
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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 Le�n, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 6-0, 4/22/13
AYES: De Le�n, 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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