BILL ANALYSIS Ó
AB 1475
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Date of Hearing: April 21, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1475 (Cooper) - As Amended March 26, 2015
SUMMARY: Authorizes each county to establish and implement an
interagency sexual assault response team (SART) program for the
purpose of, among other things, effectively addressing the
problem of sexual assault. Specifically, this bill:
1)Authorizes each county to establish and implement a SART
program for a 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, and to facilitate improved
communications and working relationships to effectively
address the problem of sexual assault in California.
2)States that each SART may consist of representatives of
following public and private agencies or organizations:
a) Law enforcement agencies;
b) County district attorney's offices;
c) Rape crisis centers;
d) Local sexual assault forensic teams; and,
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e) Crime laboratories.
3)Provides that depending on local needs and goals, each SART
may consist of representatives of following public and private
agencies or organizations:
a) Child protective services;
b) Local victim and witness service centers;
c) County public health departments;
d) County mental health service departments; and,
e) Forensic interview centers.
4)Requires SART programs to 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 feasibility of
a per capita funding model for local sexual assault
forensic examination teams to achieve stability for this
component; and,
d) Evaluation of the effectiveness of individual agency and
interagency protocols and systems by conduction case
reviews of cases involving sexual assault.
EXISTING LAW:
1)Authorizes counties to establish and implement a Sexual
Assault Felony Enforcement (SAFE) Team programs. (Pen. Code,
§ 13887.)
2)Provides that the mission of the SAFE Team program shall be to
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reduce violent sexual assault offenses in the county through
proactive surveillance and arrest of habitual sex offenders,
and by the strict enforcement of sex offender registration
requirements. (Pen. Code §13887.1, subd. (a).)
3)States that the proactive surveillance and arrest authorized
for SAFE Team programs shall be conducted within the limits of
statutory and constitutional law. (Pen. Code §13887.1, subd.
(b).)
4)Provides that the mission of the SAFE Team program shall also
be to provide community education on sex offender registration
requirements. The goal of community education requirements is
to do all of the following:
a) Provide information to the public about ways to protect
themselves and families from sexual assault;
b) Emphasize the importance of using the knowledge of the
presence of registered sex offenders to enhance public
safety.
c) Explain that harassment or vigilantism against sex
offender registrants may cause them to disappear and
attempt to live without supervision, or to register as
transients, which defeat the purpose of sex offender
registration. (Pen. Code, § 13887.1, subd. (c)(1)-(3).)
5)States that the regional SAFE Teams may consist of officers
and agents from the following law enforcement agencies:
a) Police departments;
b) Sheriff's departments;
c) The Bureau of Investigations of the Office of the
District Attorney;
d) County probation departments; (Pen Code, § 13887.2
subds (a)-(d).)
6)Provides to the extent that these agencies have available
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resources, SAFE Teams may consist of officers and agents of
the following agencies:
a) The Department of Justice;
b) The Department of the California Highway Patrol;
c) The Department of Corrections and Rehabilitation; and,
d) The Federal Bureau of Investigation. (Pen. Code, §
13887.2, subd. (e)(1)-(4).)
7)Requires SAFE Team programs to have the following objectives:
a) To identify, monitor, arrest, and assist in the
prosecution of habitual sex offenders who violate the terms
and conditions of their probation or parole, who fail to
comply with sex offender registration requirements, or who
commit new sexual assault offenses;
b) To collect data to determine if the proactive law
enforcement procedures of this program are effective in
reducing violent sexual assaults; and,
c) To develop procedures for operating a
multi-jurisdictional task force. (Penal Code Section
13887.3.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Slow and steady
progress has been made over the past 40 years since the first
rape crisis center was established in Berkeley, California in
1971. Law enforcement officers, prosecutors, forensic
scientists, sexual assault forensic examination teams and rape
crisis centers have brought about positive change. Given the
endemic nature of sexual assault in today's society,
effectively organized SART teams are essential. Existing and
new SARTs will benefit from statutory recognition by the
California Legislature that these multi-disciplinary teams
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have an important role and responsibility in their county; and
statutory policy direction to assess and improve the local
intervention system, collaborate between agencies, and
identify relevant trends such as drug facilitated sexual
assault, predator date rape, and human trafficking. This bill
will ensure that sexual assault victims receive compassionate
and competent care. It will also ensure the best possible
outcomes for the victim and the criminal justice system, and
build community confidence in the local SART intervention
system."
2)Argument in Support: The California Coalition Against Sexual
Assault states, "In California over 2 million women are
survivors of rape and approximately 8.5 million men and women
are survivors of sexual violence other than rape over the
course of their lifetime. SART programs provide a mechanism
for coordinated community response to incidents of sexual
assault. SARTs bring together sexual assault counselors, law
enforcement, forensic examiners, and other allied
professionals to support survivors in their time of need. AB
1475 will formally recognize SARTS, which support
multi-disciplinary teams and provide statutory policy
direction to assess and improve local intervention systems,
collaborate between agencies, and identify relevant trends
such as drug facilitated sexual assault, predator date rape,
and human trafficking, to name a few."
3)Prior Legislation:
a) AB 406 (Torres), Chapter 406, Statutes of 2013, Deleted
the January 1, 2014 sunset date on provisions of law that
authorizes counties to establish child abuse
multidisciplinary personnel teams within that county to
allow provider agencies to share confidential information
in order to investigate reports of suspected child abuse
and neglect
b) AB 2229 (Brownley), Chapter 464, Statutes of 2010,
authorized members of a multidisciplinary personnel team
engaged in the prevention, identification, and treatment of
child abuse to disclose and exchange information
telephonically and electronically if there is adequate
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verification of the identity of the multidisciplinary team
members involved in the disclosure or exchange of
information.
c) AB 1441 (Garcia), of the 2003-04 Legislative Session
appropriated $15 million from the General Fund to the
Controller for distribution to county sheriffs for the
implementation of county and regional SAFE Team programs.
AB 1441 was held on the Assembly Appropriations suspense
file.
d) AB 1858 (Hollingsworth), Chapter 1090, Statutes of 2002,
authorized counties to establish and implement SAFE Team
programs.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of Deputy District Attorneys
Association for Los Angeles Deputy Sheriffs
California Association of Code Enforcement Officers
California Coalition Against Sexual Assault
California College and University Police Chiefs
California Narcotics Officers Association
California Police Chiefs Association
California Sexual Assault Investigators Association
Los Angeles Police Protective League
Riverside Sheriffs Association
Opposition
None
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744
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