BILL ANALYSIS �
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THIRD READING
Bill No: SB 534
Author: Corbett (D), et al
Amended: 5/31/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 3/29/11
AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
SUBJECT : Sexual assault victims: forensic medical exams
SOURCE : Alameda County District Attorney
DIGEST : This bill provides that victims of sexual
assault are not required to participate in the criminal
justice system or cooperate with law enforcement in order
to be provided with a forensic medical exam.
ANALYSIS : Existing federal law includes the Violence
Against Women Act (VAWA), which establishes an office
within the Department of Justice to administer the Act,
including the Services-Training Officers-Prosecutors (STOP)
grant program. (42 USCA Section 3796.) The Office has
authority over all grants, cooperative agreements, and
contracts pursuant to VAWA, and develops policy, protocols,
and guidelines for programs receiving grants under the Act.
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(42 USCA Section 3796gg0b.)
Existing federal law bars a state from receiving a VAWA
grant unless state law provides as follows:
A sexual assault victim shall not be charged for
forensic and medical examinations, as specified.
A victim shall not be required to seek
reimbursement from his/her insurance carrier.
The requirement can be met if the state provides
for victim reimbursement for medical costs, as
specified, state law can place no limit on the amount
of reimbursement and the state must provide
reimbursement within 90 days of receipt of notice of
the expense.
A sexual assault victim shall not be required to
participate in the criminal justice system in order to
receive a forensic medical exam or to receive
reimbursement for the exam. (42 USCA Section
3796gg-4.)
Existing California law generally provides for standards
and protocols for the examination and treatment of victims
of sexual assault and attempted sexual assault, including
child molestation, and the collection and preservation of
evidence therefrom. (Penal Code Section 13823.5.)
Existing California law provides that the protocol for the
examination and treatment of victims of sexual assault or
attempted sexual assault, including child molestation, and
the collection and preservation of evidence therefrom shall
include provisions for all of the following:
Notification of injuries and a report of suspected
child sexual abuse to law enforcement authorities.
Obtaining consent for the examination, for the
treatment of injuries, for the collection of evidence,
and for the photographing of injuries.
Taking a patient history of sexual assault and
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other relevant medical history.
Performance of the physical examination for
evidence of sexual assault.
Collection of physical evidence of assault.
Collection of other medical specimens.
Procedures for the preservation and disposition of
physical evidence. (Penal Code Section 13823.7.)
Existing California 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, as specified, when the
examination is performed for the purposes of gathering
evidence for possible prosecution, shall be charged
directly or indirectly to the victim of the assault. Those
costs shall be treated as local costs and charged to the
local governmental agency in whose jurisdiction the alleged
offense was committed. (Penal Code Section 13823.95.)
Current law provides that bills for these costs shall be
submitted to the law enforcement agency in the jurisdiction
in which the alleged offense was committed which requests
the examination, and that the law enforcement agency in the
jurisdiction in which the alleged offense 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 amends this section to provide that, "Victims of
sexual assault are not required to participate in the
criminal justice system or cooperate with law enforcement
in order to be provided with a forensic medical exam."
This bill provides that funds provided to the California
Emergency management Agency pursuant to Item 0690-102-0890
of the annual Budget Act shall be made available to the
Commission on State mandates that otherwise be claimable
through the state mandates reimbursement process.
Prior Legislation
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SB 50 (Corbett) of 2009 passed the Senate Floor with a 39-0
vote on June 3, 2010. SB 50 died in the Assembly
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Additional forensic Potentially major state-reimbursable
costs; General
medical exams $120 - $900 per one percent of reported
victims
Additional sexual Minor costs
annually to DOJ Special*
assault kits
*DNA Identification Fund
SUPPORT : (Verified 5/31/11)
Alameda County District Attorney (source)
California Coalition Against Sexual Assault
California Police Chiefs Association
National Council of Jewish Women
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : The author's office states in many
parts of California, the only way a victim can receive a
forensic exam without having to pay for it is when a law
enforcement agency requests and authorizes the forensic
exam. In cases where a victim chooses not to cooperate
with law enforcement and the law enforcement agency does
not authorize the exam, the victim may not receive such an
exam. Furthermore, the jurisdiction is out of compliance
with VAWA regulations, thereby jeopardizing the state's
compliance with VAWA and eligibility for STOP funding.
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California currently receives approximately $13 million
annually from the federal government for VAWA. If a state
is found to be out of compliance with VAWA requirements,
they may be at risk of losing these federal dollars.
Each year, women experience about 4.8 million intimate
partner-related physical assaults and rapes. According to
the Department of Justice, the number of reported forcible
rapes increased 2.5 percent during the first six months of
2008 when compared to the same period in 2007 (from 2,748
to 2,818).
RJG:do 5/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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