BILL ANALYSIS Ó
SB 978
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Date of Hearing: June 10, 2014
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 978 (DeSaulnier) - As Introduced: February 11, 2014
SUMMARY : Authorizes a hospital, upon approval of the victim,
to notify the local rape victim counseling center when a victim
of an alleged sex crime, as specified, is presented to the
hospital for a medical or evidentiary physical examination.
EXISTING LAW :
1)Requires the assigned law enforcement officer, or his or her
agency, to immediately notify the local rape victim counseling
center whenever a victim of any of the following alleged
offenses is transported to a hospital for any medical
evidentiary or physical examination:
a) Non-spousal rape, as described;
b) Statutory rape, as described;
c) Spousal rape, as described;
d) Sodomy;
e) Oral copulation; or,
f) Forcible acts of sexual penetration, as described.
(Pen. Code, § 264.2, subd. (b)(1).)
2)Provides that the victim has the right to have a sexual
assault counselor, as defined, and a support person of the
victim's choosing present at any medical evidentiary or
physical examination. (Pen. Code, § 264.2, subd. (b)(1).)
3)Requires a sexual assault victim to be informed that he or she
may refuse to consent to an examination for evidence of sexual
assault, including the collection of physical evidence, but
that a refusal is not a ground for denial of treatment of
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injuries and for possible pregnancy and sexually transmitted
diseases, if the person wishes to obtain treatment and
consents thereto. (Pen. Code, § 13823.11, subd. (c)(3).)
4)Requires a female sexual assault victim, if indicated by the
history of contact, to be provided with the option of
post-coital contraception by a physician or other health care
provider and requires post-coital contraception to be
dispensed by a physician or other health care provider upon
the request of the victim. (Pen. Code, § 13823.11, subd.
(g)(4).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 978 allows
the hospital to notify the local rape victim counseling center
when a victim arrives at the hospital for a medical or
evidentiary physical examination, upon approval of the victim.
By clarifying that the hospital may initiate counseling
services for the victims if they choose, this bill will
reaffirm California's commitment to protecting victim's
rights.
"Victims of violent sexual crimes already suffer physical
trauma, fear, and an assault on their privacy and dignity. A
medical provider is often the first point of contact for a
rape victim; it would make it easier on the victims if when
they go to a hospital, the hospital has the ability to call a
rape crisis center for the victims without going through law
enforcement."
2)Best Practices : In 2013, the U.S. Department of Justice
published a protocol for medical forensic exams on sexual
assault victims. The forward to this protocol noted in part:
This second edition of the National Protocol for
Sexual Assault Medical Forensic Examinations provides
detailed guidelines for criminal justice and health
care practitioners in responding to the immediate
needs of sexual assault victims. We know that
effective collection of evidence is of paramount
importance to successfully prosecuting sex offenders.
Just as critical is performing sexual assault forensic
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exams in a sensitive, dignified, and victim-centered
manner.
(Office on Violence Against Women, A National Protocol
for Sexual Assault Medical Forensic Examinations:
Adults/Adolescents (2d Ed.) (Apr. 2013) U.S. Department
of Justice, p. iii
[as of
May 19, 2014].)
With respect to involving advocates, the protocol
explained in part:
In many jurisdictions, sexual assault victim advocacy
programs and other victim service programs offer a
range of services before, during, and after the exam
process. ? Ideally, advocates should begin
interacting with victims in a language the victims
understand prior to the exam, as soon after disclosure
of the assault as possible. Victims who come to exam
sites in the immediate aftermath of an assault are
typically coping with trauma, anticipating the exam,
and considering the implications of reporting. ?
Advocates can offer a tangible and personal connection
to a long-term source of support and advocacy.
Community-based advocates, in particular, have the
sole purpose of supporting victims' needs and wishes.
Typically, these advocates are able to talk with
victims with some degree of confidentiality, depending
on jurisdictional statutes, while statements victims
make to examiners become part of the medical forensic
report. When community-based advocates support
victims, examiners can more easily maintain an
objective stance. In addition, civil attorneys may be
able to help victims assess legal needs and options,
including privacy, safety, immigration, housing,
education, and employment issues.
. . .
Contact the victim service/advocacy program
immediately. Utilize a system in which exam facility
personnel, upon initial contact with a sexual assault
patient, call the victim service/advocacy program and
ask for an advocate to be sent to the exam site
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(unless an advocate has already been called). Prior
to introducing the advocate to a patient, exam
facility personnel should explain briefly, in a
language the patient understands, the victim services
offered and ask whether the victim wishes to speak
with the onsite advocate. Note that some
jurisdictions require that patients be asked whether
they want to talk with an advocate before the advocate
is contacted. If possible, victims should be allowed
to meet with advocates in a private place prior to the
exam. Ideally, a patient should be assisted by the
same advocate during the entire exam process.
. . .
Make sure that the first responding health care
providers attend to patients' initial medical needs
and arrange for an on-call advocate to offer onsite
support, crisis intervention, and advocacy. It may be
useful to give patients the option of speaking with an
advocate via a 24-hour crisis hotline (if one exists)
until an advocate arrives.
(Id. (internal citations omitted).)
3)Access to Contraception & Related Information : The opposition
to this bill argues that religiously-affiliated or -run
hospitals, based on religious objections, could deny sexual
assault victims "the full array of reproductive healthcare
services," such as emergency contraceptives, that otherwise
are legal and accessible, by calling upon a rape victim
counseling center that shares the hospital's views on the
matter and that consequently would avoid bringing up these
options with the victims. (See Comment 5 infra.) Existing
law, however, requires all hospitals in the state that receive
sexual assault victims for medical evidentiary exam purposes,
regardless of a hospital's religious affiliation, to provide
female victims with the option of emergency contraception and
requires that the contraception be dispensed to the victim
upon her request (see Pen. Code, § 13823.11, subd. (g)(4)),
mitigating the possibility of a hospital denying a female
victim from receiving available reproductive healthcare
services that she may feel is appropriate for her.
4)Argument in Support : According to the Alameda County District
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Attorney's Office , "[i]n California alone, approximately 2
million women have been raped in their lifetime. Victims of
violent sexual crimes already suffer physical trauma, fear,
and an assault on their privacy and dignity. A medical
provider is often the first point of contact for a rape
victim. It would make it easier on the victims if when they
go to a hospital, the hospital has the ability to call a rape
crisis center for the victims directly without having the
extra step to have to contact law enforcement.
"In 2011, the legislature passed and the Governor signed, SB
534 (Corbett), to authorize Violence Against Women Act (VAWA)
funds to be used for forensic medical examinations for victims
and survivors of sexual assault, as long as a law enforcement
officer notifies the local rape victim counseling center so
the victim can receive counseling services. However, not all
victims want to interact with law enforcement so they opt out
from receiving treatment. By adding this simple language to
include that a hospital can also notify the rape crisis
center, this would ensure victims get the services they need."
5)Argument in Opposition : The Secular Coalition for California
fears that this bill, as written "will open unexpected
loopholes that will nullify the original intent of this bill.
[] In California, numerous hospitals and hospital systems
are owned and managed by Catholic healthcare ministries. ? In
many localities there is no choice other than a Catholic
facility.
"These religiously managed facilities are constrained by a
document called the Ethical and Religious Directives for
Catholic Health Care Services. With this document catholic
bishops are able to restrict women's access to the full array
of reproductive healthcare services - contraceptives, abortion
services, sterilization procedures, and fertility treatments.
[] As part of their employment contracts, many doctors at
Catholic hospitals are not allowed to initiate a conversation
around these topics. Their ability to have frank
conversations around these topics is curtailed by these
directives. Information and referrals are restricted.
"If Catholic hospitals under the bishop's directives are given
the ability to bypass existing procedures and call in their
own rape crisis counselors, we foresee Catholic hospitals
exploiting this capability to further restrict women's access
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to timely information and legally available services. We
foresee Catholic dioceses setting up their own Rape Crisis
Centers across that state so that all medically and legally
available options are not discussed with victims of sexual
abuse."
6)Prior Legislation :
a) SB 534 (Corbett), Chapter 360, Statutes of 2011,
provides that victims of sexual assault are not required to
participate in the criminal justice system in order to be
provided with a forensic medical examination.
b) AB 1860 (Migden), Chapter 382, Statutes of 2002,
requires that female victims of sexual assault be provided
information and services pertaining to emergency
contraception.
c) SB 835 (McCorquodale), Chapter 999, Statutes of 1991,
requires the law enforcement officer, or his or her agency,
to immediate notify the local rape victim counseling center
whenever a victim of an alleged rape is transported to a
hospital for examination.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County District Attorney's Office (Sponsor)
Alameda County Board of Supervisors
American Federation of State, County and Municipal Employees,
AFL-CIO
California Communities United Institute
California District Attorneys Association
California Police Chiefs Association
Californians for Safety and Justice
46 private individuals
Opposition
Secular Coalition for California
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
SB 978
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