Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1475

Introduced by Assembly Member Cooper

February 27, 2015

An act to begin delete amend Section 11164 of the Penal Code, end delete begin insert add Chapter 12 (commencing with Section 13898) to Title 6 of Part 4 of the Penal Code, end insert relating to begin delete child end delete begin insert sexual end insert abuse.

LEGISLATIVE COUNSEL’S DIGEST

AB 1475, as amended, Cooper. begin delete Child Abuse and Neglect Reporting Act. end delete begin insert Sexual assault response team. end insert

begin insert

Existing law authorizes any county to establish and implement a sexual assault felony enforcement (SAFE) team program for the purpose of reducing violent sexual assault offenses in the county through proactive surveillance and arrest of habitual sexual offenders and strict enforcement of registration for sex offenders, and to provide community education about ways to protect individuals and families from sexual assault.

end insert begin insert

This bill would authorize each county to establish an interagency sexual assault response team (SART) program for the purpose of providing a forum for interagency cooperation and coordination to effectively address the problem of sexual assault. The members of the team would be representatives of specified public and private agencies and organizations. The bill would require each SART to, among other things, evaluate the effectiveness of individual agency and interagency protocols and systems by conducting case reviews involving sexual assault.

end insert begin delete

Existing law, the Child Abuse and Neglect Reporting Act, defines “sexual abuse” as sexual assault or sexual exploitation for purposes of mandating certain persons to report suspected cases of child abuse or neglect. The failure to report known or suspected instances of child abuse, including sexual abuse, under the act is a misdemeanor. Existing law provides that the intent and purpose of this act is to protect children from abuse and neglect, and requires all persons participating in the investigation of suspected child abuse or neglect to consider the needs of the child victim.

end delete begin delete

This bill would make technical, nonsubstantive changes to this statement of intent.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 12 (commencing with Section 13898) is
added to Title 6 of Part 4 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 12. end insert County Sexual Assault Response Team
(SART) Program

 

begin insert 13898. end insert   

(a) Each county may establish and implement an
interagency sexual assault response team (SART) program for the
purpose of providing a forum for interagency cooperation and
coordination, to assess and make recommendations for the
improvement in the local sexual assault intervention system, and
to facilitate improved communication and working relationships
to effectively address the problem of sexual assault in California.

(b) Each SART program shall be established and implemented
pursuant to the provisions of this chapter.

begin insert 13898.1. end insert   

(a) Each SART may consist of representatives of the
following public and private agencies or organizations:

(1) Law enforcement agencies.

(2) County district attorneys’ offices.

(3) Rape crisis centers.

(4) Local sexual assault forensic examination teams.

(5) Crime laboratories.

(b) Dependent upon local needs and goals, each SART may
include representatives of the following public and private agencies
or organizations:

(1) Child protective services.

(2) Local victim and witness assistance centers.

(3) County public health departments.

(4) County mental health services departments.

(5) Forensic interview centers.

begin insert 13898.2. end insert   

The program established pursuant to this chapter
shall have the following objectives:

(a) Review of local sexual assault intervention undertaken by
all disciplines to promote effective intervention and best practices.

(b) Assessment of relevant trends, including drug-facilitated
sexual assault, the incidence of predator date rape, and human
sex trafficking.

(c) Evaluation of the cost-effectiveness and feasability of a per
capita funding model for local sexual assault forensic examination
teams to achieve stability for this component of the SART program.

(d) Evaluation of the effectiveness of individual agency and
interagency protocols and systems by conducting case reviews of
cases involving sexual assault.

end insert

begin delete

SECTION 1.  

Section 11164 of the Penal Code is amended to
read:

11164.  

(a) This article shall be known, and may be cited, as
the Child Abuse and Neglect Reporting Act.

(b) The intent and purpose of this article is to protect children
from abuse and neglect. In any investigation of suspected child
abuse or neglect, all persons participating in the investigation of
the case shall consider the needs of the child victim and shall do
whatever is necessary to prevent psychological harm to the child
victim.

end delete