BILL ANALYSIS Ó
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
SB 107
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