BILL ANALYSIS Ó AB 1475 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1475 (Cooper) As Amended July 7, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 77-0 | (April 30, |SENATE: | 40-0 | (July 13, 2015) | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. 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. The Senate amendments: 1)Authorize each SART to add representatives of University and college Title IX coordinators, and University and college police departments depending on local needs and goals. 2)Expands the SART objectives to include planning and implementation. AB 1475 Page 2 EXISTING LAW: 1)Authorizes counties to establish and implement a Sexual Assault Felony Enforcement (SAFE) Team programs. 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. 3)States that the proactive surveillance and arrest authorized for SAFE Team programs shall be conducted within the limits of statutory and constitutional law. 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. 5)States that the regional SAFE Teams may consist of officers and agents from the following law enforcement agencies: a) Police departments; AB 1475 Page 3 b) Sheriff's departments; c) The Bureau of Investigations of the Office of the District Attorney; d) County probation departments; 6)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; and, d) The Federal Bureau of Investigation. 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. AS PASSED BY THE ASSEMBLY, this bill: 1)Authorized each county to establish and implement a SART AB 1475 Page 4 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)Stated 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, e) Crime laboratories. 3)Provided 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)Required SART programs to have the following objectives: a) Review of local sexual assault intervention undertaken by all disciplines to promote effective intervention and AB 1475 Page 5 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. FISCAL EFFECT: Unknown. This bill has been keyed non-fiscal by the Legislative Counsel. COMMENTS: 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 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." AB 1475 Page 6 Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001158