BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 50|
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THIRD READING
Bill No: SB 50
Author: Corbett (D)
Amended: 5/28/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/21/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/28/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Oropeza, Runner, Walters, Wyland, Yee
NO VOTE RECORDED: Wolk
SUBJECT : Sexual assault victims: payment of examination
costs
SOURCE : Alameda County District Attorney
DIGEST : This bill deletes provisions giving law
enforcement agencies the option of determining where the
examination of a sexual assault is to be performed.
ANALYSIS : Existing law provides that no costs incurred
by a qualified health care professional, hospital, or other
emergency medical facility for the examination of the
victim of a sexual assault for the purposes of gathering
evidence for possible prosecution shall be charged directly
or indirectly to the victim of the assault.
CONTINUED
SB 50
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2
Existing law provides that the law enforcement agency in
the jurisdiction in which the alleged sexual assault was
committed which requests the examination has the option of
determining whether or not the examination will be
performed in the office of a physician and surgeon.
This bill deletes the provisions giving that law
enforcement agency the option of determining whether or not
the examination will be performed in the office of a
physician and surgeon.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Delete provision $0 $0
$0 General
allowing law en-
forcement discretion
over medical exam
location
SUPPORT : (Verified 5/29/09)
Alameda County District Attorney (source)
Peace Officers' Research Association of California
Planned Parenthood Affiliates of California
Alameda County Board of Supervisors
California District Attorneys Association
ARGUMENTS IN SUPPORT : According to the author's office,
"In 2005 the federal government passed the Violence Against
Women Act (VAWA) Reauthorization. VAWA requires every
state to certify that victims of sexual assault do not have
to cooperate with law enforcement to be provided a forensic
exam and those victims can not be billed, directly or
indirectly, for their medical exams or treatment.
SB 50
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3
"SB 50 is needed to bring California in compliance with
federal law and to maintain the $13 million we receive
annually from the federal government, as well as the
additional $8 million we are expecting this year. SB 50
clarifies that a victim of sexual assault can not be billed
directly or indirectly for forensic or medical exams and
treatment.
"California has an estimated 9,700 reports of sexual
assault annually. This number is not decreasing; we are
seeing an increase in these reports. We need to make sure
that our victims are protected and receive the needed
medical services without the worry of payment."
RJG:cm 5/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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