BILL ANALYSIS Ó
AB 1475
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CONCURRENCE IN SENATE AMENDMENTS
AB
1475 (Cooper)
As Amended July 7, 2015
Majority vote
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|ASSEMBLY: | 77-0 | (April 30, |SENATE: | 40-0 | (July 13, 2015) |
| | |2015) | | | |
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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.
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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;
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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
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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
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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."
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Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0001158