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: 7/7/15 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 District Attorneys Association
DIGEST: This bill 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.
Senate Floor Amendments of 7/7/15 correct a drafting error in
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the amendments from the Senate Public Safety Committee as to
what category of SART teams the new entities are placed into.
ANALYSIS:
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:
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).)
1)States that the regional SAFE Teams may consist of officers
and agents from the following law enforcement agencies:
a) Police departments;
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b) Sheriff's departments;
c) The Bureau of Investigations of the Office of the
District Attorney; and
d) County probation departments. (Pen. Code, § 13887.2
subds (a)-(d).)
1)Provides to the extent that these agencies have available
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; or
d) The Federal Bureau of Investigation. (Pen. Code, §
13887.2, subd. (e)(1)-(4).)
1)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.)
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
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.
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2)States that each SART may consist of representatives of the
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,
e) Crime laboratories.
1)Provides that depending on local needs and goals, each SART
may consist of representatives of the 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;
e) Forensic interview centers;
f) University and college Title IX coordinators; and,
g) University and college police departments.
1)Requires SART programs to have the following functions or
objectives:
a) Review local sexual assault intervention undertaken by
all disciplines to promote effective intervention and best
practices;
b) Assess relevant trends, including drug-facilitated
sexual assault, the incidence of predatory date rape, and
human sex trafficking;
c) Evaluate the cost-effectiveness and feasibility of a per
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capita funding model for local sexual assault forensic
examination teams to achieve stability for this component;
and,
d) Evaluate the effectiveness of individual agency and
interagency protocols and systems by conduction case
reviews of cases involving sexual assault.
Background
Sexual assaults have become a major concern across the country.
This bill adapts the collaborative, multi-agency response that
has been successfully used to monitor registered sex offenders.
The model has also been used in to address the problem of
drug-endangered children. SART teams have law enforcement
entities at their core and include a broader range of agencies -
including public health, child protective service and other
agencies to meet local needs. SART teams are also intended to
create more consistent funding for the various agencies in the
teams.
Sexual assault on college campuses has received substantial
media attention. This bill was amended to include college and
university police and Title IX coordinators in SART teams based
on local needs. The experience on college campuses has shown
that the coordinated responses of many entities to sexual
assault will result in more accurate and complete
investigations, and will likely produce outcomes that are fair
and just. Further, schools have implemented effective
prevention techniques and programs that could be used in other
contexts.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified 7/1/15)
California District Attorneys Association (source)
Association of Deputy District Attorneys
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Association for Los Angeles Deputy Sheriffs
California Association of Code Enforcement Officers
California Association of Crime Laboratory Directors
California Coalition against Sexual Assault
California College and University Police Chiefs
California Narcotics Officers Association
California Police Chiefs Association
California Sexual Assault Investigators Association
California State Sheriffs' Association
Los Angeles Police Protective League
Riverside Sheriffs' Association
OPPOSITION: (Verified7/1/15)
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. /
7/8/15 16:33:52
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