BILL ANALYSIS �
SB 534
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SENATE THIRD READING
SB 534 (Corbett)
As Amended August 26, 2011
Majority vote
SENATE VOTE :39-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, |
| |Hagman, Hill, Mitchell, | |Blumenfield, Bradford, |
| |Skinner | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Provides that victims of sexual assault are not
required to participate in the criminal justice system in order
to be provided with a forensic medical examination.
Specifically, this bill :
1)Adds a provision to protocol relating to the medical treatment
of victims of sexual assault to provide for the collection of
other medical specimens.
2)States that no costs incurred by a qualified health care
professional, hospital, or other emergency medical facility
for the medical evidentiary examination portion of the
examination of the victim of a sexual assault shall be charged
directly or indirectly to a victim of assault.
3)States that the cost of a medical evidentiary examination for
a victim of a sexual assault shall be treated as a local cost
and charged to the local law enforcement agency in whose
jurisdiction the alleged offense was committed, provided
however, that the local law enforcement agency may seek
reimbursement for the cost of conducting the medical
evidentiary examination portion of a medical examination of a
sexual assault victim who does not participate in the criminal
justice system.
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4)States that the amount that may be charged by a qualified
health care professional, hospital, or other emergency medical
facility to perform the medical evidentiary examination
portion of a medical examination of a victim of a sexual
assault shall not exceed $300.
5)States that CalEMA shall use the discretionary funds from
federal grants awarded to the agency pursuant to the STOP
(Services, Training, Officers, and Prosecutors) Violence
Against Women Formula Grant Program to cover the cost of the
medical evidentiary examination of a sexual assault victim.
6)Authorizes CalEMA to use grant funds to pay for medical
evidentiary examinations until January 1, 2014.
7)Mandates CalEMA to develop a course of training for qualified
health care professionals relating to the examination and
treatment of victims of sexual assault, and consult with
health care professionals and appropriate law enforcement
agencies and obtain recommendations on the best means to
disseminate the course of training on a statewide basis.
8)Encourages CalEMA to designate that a course of training for
qualified health care professionals, as defined, and states
that CalEMA shall partner with other allied professional
training courses, such as sexual assault investigator training
administered by the Commission on Peace Officer Standards and
Training, or sexual assault prosecutor training as
administered by California District Attorneys Association or
sexual assault advocate training as administered by California
Coalition Against Sexual Assault.
9)Defines "qualified health care professional" as a physician, a
surgeon, a nurse who works in consultation with a physician or
surgeon or who conducts examinations in a general acute care
hospital or in the office of a physician or surgeon, a nurse
practitioner, or a physician's assistant, as defined by law.
EXISTING LAW :
1)Provides that no costs incurred by a qualified health care
professional, hospital, or other emergency facility for the
examination of the victim of sexual assault when the
examination is performed, as specified, for the purpose of
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gathering evidence for possible prosecution, shall be charged
directly or indirectly to the victim of sexual assault. 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. The law enforcement
agency in the jurisdiction in which the alleged offense was
committed which request the examination has the option of
determining whether or not the examination will be performed
in the office of a physician or surgeon.
2)Provides that the protocol for the examination and treatment
of sexual assault, attempted sexual assault, including child
molestation, and the collection of and preservation therefrom
shall include all of the following:
a) Notification of injuries and a report of suspected child
abuse to law enforcement authorities;
b) Obtaining consent for the examination, for the treatment
of injuries, for the collection of evidence, and for the
photographing of injuries;
c) Taking a patient history of sexual assault and other
relevant medical history;
d) Performance of the physical examination for evidence of
sexual assault;
e) Collection of physical evidence of assault;
f) Collection of other medical specimens; and,
g) Procedures for the preservation and disposition of
physical evidence.
EXISTING FEDERAL LAW : Violence Against Women Act (VAWA) was
enacted in Congress in 1994 and reenacted in 2000 and 2005.
VAWA was the first comprehensive legislative package that
focused on violence against women and their children. VAWA
created new legal tools and grant programs addressing domestic
violence, sexual assault, stalking and related issues. �See
generally Violent Crime Control and Law Enforcement Act of 1994,
Pub.L. No. 103-322 (Sept. 13, 1994) 108 Stat. 1902; Victims of
Trafficking and Violence Protection Act of 2000, Pub.L. No.
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106-386 (Oct. 28, 2000) 114 Stat. 1464; Violence Against Women
and Department of Justice Reauthorization Act of 2005, Pub.L.
No. 109-162 (Jan. 5, 2006) 119 Stat. 2960.]
FISCAL EFFECT : According to the Assembly Appropriations
Committee, moderate annual federal fund costs for two years,
likely less than $250,000, for forensic exam reimbursement.
Based on more than 5,000 forcible rates reported statewide in
2010, if 75% seek a forensic exam, and 20% of those exams
involved victims who decline to cooperate with law enforcement,
at $300 per exam the annual costs would be about $225,000.
California currently receives about $12.6 million annually in
VAWA STOP funding. CalEMA acknowledges 15% of this amount is
available for discretionary purposes, which, after
administrative costs, amounts to about $1.7 million.
COMMENTS : According to the author, "Senate Bill 534 assures
that a victim of a sexual assault shall not be billed directly
or indirectly for medical and forensic exams as a result of a
sexual assault crime regardless of their decision to cooperate
with law enforcement.
"Currently, California receives $13 million annually through the
Violence Against Women Act. We are at risk of losing these
funds unless California codifies the provisions of the Violence
Against Women Act. Senate Bill 534 will bring California Statue
into compliance and allow California to continue receiving
federal appropriations.
"This legislation is crucial for victims, local government, law
enforcement, and hospitals. It is vital that California
continues to address the needs of victims and have a fair and
consistent practice for funding these forensic exams."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0002271
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