BILL ANALYSIS �
SB 107
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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
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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