BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 107
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

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

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill repeals the January 1, 2014 sunset authorizing the use  
          of federal funds to cover the costs of medical evidentiary exams  
          of sexual assault victims.   

           FISCAL EFFECT  

          Annual federal costs (from Violence Against Women Act (VAWA  
          grant funds) of less than $150,000 for forensic medical exams.  
          According to the Office of Emergency Services (OES), which  
          receives and administers VAWA grants, OES reimbursed 24 claims  
          for a total of less than $10,000 in 2012.  

          Potential GF savings to the extent eliminating the sunset avoids  
          state costs to reimburse local law enforcement agencies. 

           COMMENTS  

           1)Rationale.  Repealing the sunset authorizes the state to use  
            federal funds to reimburse local law enforcement for the cost  
            of evidentiary medical exams of sexual assault victims. To  
            qualify for federal VAWA funding (about $12 million in 2012),  
            the state must bear the cost of forensic medical exams. 

            According to the author, "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  








                                                                  SB 107
                                                                  Page  2

            that those who commit horrendous crimes can be held  
            accountable."

           2)Current law  :

             a)   Requires the cost of medical evidentiary exams be  
               charged to local law enforcement, provided, however, local  
               law enforcement may seek state reimbursement. (The cost of  
               forensic medical exams is limited to $300.)  

             b)   Requires a medical evidentiary exam be provided to any  
               sexual assault victim who seeks an exam, prohibits a sexual  
               assault victim from being required to participate in the  
               criminal justice process, and generally prohibits charging  
               victims for forensic medical exams. 

           3)Prior legislation  , SB 534 (Corbett), Statutes of 2011,  
            authorized the use of federal funds for medical forensic  
            examinations of sexual assault victims until January 1, 2014.

           4)Support  includes law enforcement and domestic violence  
            entities.

           5)There is no known opposition  .  



           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081