BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1475|
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THIRD READING
Bill No: AB 1475
Author: Cooper (D)
Amended: 6/22/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/16/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/16/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
[NOTE: This vote (Do pass) was granted a motion of
reconsideration. This bill was subsequently passed with
amendments.]
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for
vote
SUBJECT: Sexual assault response team
SOURCE: California Clinical Forensic Medical Training Center
DIGEST: This bill 1) authorizes each county to create a
multi-agency Sexual Assault Response Team (SART) with the
function or objective of coordinating responses to sexual crimes
across various agencies and entities, including law enforcement,
prosecution, victim services and public health; and 2) requires
SART programs to investigate and employ best practices, assess
trends and evaluate the effectiveness of related practices and
protocols, as specified.
ANALYSIS:
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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
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:
Provide information to the public about ways to protect
themselves and families from sexual assault.
Emphasize the importance of using the knowledge of the
presence of registered sex offenders to enhance public
safety.
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:
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Police departments;
Sheriff's departments;
The Bureau of Investigations of the Office of the
District Attorney; and,
County probation departments (Pen. Code, § 13887.2 subds
(a)-(d).)
6)Provides that, to the extent that these agencies have
available resources, SAFE Teams may consist of officers and
agents of the following agencies:
The Department of Justice;
The Department of the California Highway Patrol;
The Department of Corrections and Rehabilitation; and,
The Federal Bureau of Investigation. (Pen. Code, §
13887.2, subd. (e)(1)-(4).)
7)Requires SAFE Team programs to have the following objectives:
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;
To collect data to determine if the proactive law
enforcement procedures of this program are effective in
reducing violent sexual assaults; and,
To develop procedures for operating a
multi-jurisdictional task force. (Penal Code Section
13887.3.)
This bill:
1)Authorizes each county to establish and implement a SART
program for the purpose of providing a forum for interagency
cooperation and coordination, to assess and make
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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 the
following public and private agencies or organizations:
Law enforcement agencies;
County district attorney's offices;
Rape crisis centers;
Local sexual assault forensic teams;
Crime laboratories;
College and university law enforcement; and,
College and university Title IX (prohibition on
discrimination on the basis of sex) coordinator.
1)Provides that depending on local needs and goals, each SART
may consist of representatives of the following public and
private agencies or organizations:
Child protective services;
Local victim and witness service centers;
County public health departments;
County mental health service departments; and,
Forensic interview centers.
4)Requires SART programs to have the following functions or
objectives:
Review local sexual assault intervention undertaken by
all disciplines to promote effective intervention and best
practices;
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Assess relevant trends, including drug-facilitated
sexual assault, the incidence of predatory date rape, and
human sex trafficking;
Evaluate the cost-effectiveness and feasibility of a per
capita funding model for local sexual assault forensic
examination teams to achieve stability for this component;
Evaluate the effectiveness of individual agency and
interagency protocols and systems by conduction case
reviews of cases involving sexual assault; and,
Prevention of sexual assault.
Background
The author explains the basis for this bill:
Sexual assault is now recognized as endemic in
American society with 1 in 4 women reporting having
been sexually assaulted in their lifetime. The first
SART was established in Santa Cruz County in
California in 1985. Some counties have moved slowly
forward to emulate this model with varying composition
and success. The California Sexual Assault Response
Team (SART) Report was published by CCFMTC which
visited 20 counties and observed varying success,
composition, and direction. These needs were
identified: a local agency champion; active
participation by key agencies and organizations;
increased collaboration and endorsement from elected
and appointed officials; standard operating policies,
procedures and protocols; case review to identify
systemic problems and corrective action plans;
reliable and systematic distribution of information
about trends such as drug facilitated sexual assault,
recognition and identification of predator date rape,
human trafficking; ensuring the operational and
financial stability of the sexual assault forensic
examination team which is dependent on fluctuating
fee-for-service revenue yet stable monthly operating
costs. As part of the forensic medical examination,
examination teams collect DNA from the victim/patient,
which is submitted to the crime laboratory and
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uploaded into the Combined DNA Index System (CODIS).
Other key evidence is collected as well.
The issue of sexual assault on college campuses has been widely
discussed in recent years. Many sexual assault problems and
responses on college campuses are comparable to those in the
rest of society. However, there are unique aspects of sexual
assault responses and prevention on campuses. Title IX federal
funding is conditioned on schools developing policies to address
sexual assault. Title IX (20 U.S.C. §1681 et seq) prohibits
discrimination on the basis of sex in any public or private
school (from elementary through graduate school). Each school
must designate a Title IX coordinator who shall oversee
complaints of sex discrimination and identify and address
patterns or systemic problems that discovered through reviewing
complaints.
Even apart from the threat of losing federal funding, it appears
that sexual assault response and prevention programs could be
effectively implemented and assessed in relatively close-knit
college settings. Successful programs could be adapted by SART
participants to other settings.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified 6/22/15)
California Clinical Forensic Medical Training Center (source)
Association for Los Angeles Deputy Sheriffs
Association of Deputy District Attorneys
California Association of Code Enforcement Officers
California Association of Crime Laboratory Directors
California Coalition against Sexual Assault
California College and University Police Chiefs
California District Attorneys Association
California Narcotics Officers Association
California Police Chiefs Association
Californians for Safety and Justice
California Sexual Assault Investigators Association
California State Sheriffs' Association
Los Angeles Police Protective League
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Riverside Sheriffs' Association
OPPOSITION: (Verified 6/22/15)
None received
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,
Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by:Jerome McGuire / PUB. S. /
6/26/15 16:12:12
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