BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 107
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          Date of Hearing:   June 11, 2013
          Counsel:        Shaun Naidu


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                    SB 107 (Corbett) - As Amended:  April 30, 2013


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

           EXISTING LAW  : 

          1)Prohibits, generally, costs incurred by a qualified health  
            care professional, hospital, or other emergency medical  
            facility for the medical evidentiary examination portion of  
            the examination of a sexual assault victim, as specified, to  
            be charged directly or indirectly to the victim of the  
            assault.  [Penal Code Section 13823.95(a).]

          2)Requires that a medical evidentiary examination be provided to  
            any sexual assault victim who seeks the examination, and  
            prohibits a sexual assault victim from being required to  
            participate or agree to participate in the criminal justice  
            system.  [Penal Code Section 13823.95(b).]

          3)Requires that the cost of a medical evidentiary examination  
            performed by a qualified health care professional, hospital,  
            or other emergency medical facility for a sexual assault  
            victim 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.  [Penal Code  
            Section 13823.95(c).]

          4)Provides that a qualified health care professional, hospital,  
            or other emergency medical facility cannot charge more than  
            $300 to perform the medical evidentiary examination portion of  








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            a medical examination of a victim of a sexual assault.   
            Requires, until January 1, 2014, the California Emergency  
            Management Agency (CalEMA) to use the discretionary funds from  
            federal grants awarded to the agency pursuant to the specified  
            federal VAWA grant program to cover the cost of the medical  
            evidentiary examination portion of a medical examination of a  
            sexual assault victim.  [Penal Code Section 13823.95(d).]

          5)Provides that a state or local government is not entitled to  
            federal funds to combat violent crimes against women unless  
            the state or another governmental entity incurs the full  
            out-of-pocket cost of forensic medical exams, as described,  
            for sexual assault victims.  [42 U.S.C. Section 3796gg-4(a).]

          6)Provides that federal law shall not be construed to permit the  
            state or local government to require a victim to participate  
            in the criminal justice system or cooperate with law  
            enforcement in order to be provided with a forensic medical  
            examination or reimbursed for its cost.  [42 U.S.C. Section  
            3796gg-4(d).]

           FISCAL EFFECT  :   Unknown

           COMMENTS :   

           1)Author's Statement  :  According to the author, "Sexual assault  
            remains a problem for Californians.  In 2009, in the United  
            States, 1.3 million women were raped.  In the United States,  
            nearly 1 in 5 women and 1 in 71 men will be raped in their  
            lifetime.  In California alone, approximately 2 million women  
            have been raped in their lifetime.  In 2012, CalEMA/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.  SB  
            107 will reaffirm California's commitment to protecting  
            victim's rights.  Also, it is not only important for the  
            victim should 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."

           2)VAWA Background  :  The Violence Against Women Act was enacted  
            by Congress in 1994.  It has been reauthorized in 2000 and  








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            2005.  On March 7, 2013, the President signed an extension of  
            VAWA for another five years.

            According to the U.S. Department of Justice, 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 Department of Justice.   
            According to the Department of Justice, "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 set national standards for state and local government  
            responses to sexual assault, domestic violence, and related  
            issues.  These standards are 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.

          3)VAWA Grant Compliance  :  The STOP  
            (Services-Training-Officers-Prosecutors) grants under VAWA are  
            essentially the subject of this bill.  Each state receiving a  
            STOP grant must allocate the funds in the following 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 medical exams  for victims of  
            sexual assault."  (42 U.S.C. Section 3796gg-4(a).)  This  
            requirement cannot be construed to permit a state or local  
            entity to condition receipt of an examination on cooperation  
            by the victim with law enforcement.  (42 U.S.C. Section  
            3796gg-4(d)(1).)

           4)Argument in Support  :  According to the  California Partnership  








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            to End Domestic Violence  , "Sexual assault is a serious problem  
            in California and across this country.  In California alone,  
            approximately two million women have been raped in their  
            lifetime.  This bill will continue California's existing  
            policies which ensure not only the state's compliance with  
            VAWA, but also protect survivor's rights in the aftermath of  
            sexual assault."

           5)Previous Legislation  :

             a)   SB 534 (Corbett), Chapter 360, Statutes of 2011, among  
               other things, authorized the use of federal VAWA grant  
               funds for medical forensic examinations of sexual assault  
               victims until January 1, 2014.

             b)   SB 768 (Vuich), Chapter 824, Statutes of 1991, specified  
               that the costs of medical forensic examinations are to be  
               charged to the local governmental agency in whose  
               jurisdiction the alleged offense was committed regardless  
               of where the examination is provided.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Alameda County District Attorney (Sponsor)
          Alameda County Board of Supervisors
          American College of Emergency Physicians, California Chapter
          California Coalition Against Sexual Assault
          California District Attorneys Association
          California Partnership to End Domestic Violence
          California Police Chiefs Association
          California State Sheriffs' Association
          Crime Victims United of California
          Peace Officers Research Association of California
           
            Opposition 
           
          None


           Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 











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