BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1248
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 1248 (Alquist) - As Amended:  May 29, 2012 

          Policy Committee:                             Public Safety 
          Vote:        6-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill requires a victim of a sex crime who is under 16 years 
          of age, and is facing a contempt charge for refusing to testify 
          in a related legal proceeding, to meet with a victim advocate, 
          as defined, unless the court finds, for good cause that it is 
          not in the best interest of the victim.  

           FISCAL EFFECT  

          Unknown, likely minor special fund or federal fund costs to the 
          California Emergency Management Agency to provide additional 
          victim advocate services. (Total state funds from the 
          Victim-Witness Fund, the federal Violence Against Women Act, and 
          federal Victims of Crime Act exceed $60 million.)

           COMMENTS  

           1)Rationale  . Sponsored by the Santa Clara County District 
            Attorney, this bill is intended to protect minors who may be 
            afraid to testify - offenders are often family members -  by 
            requiring a meeting with a trained victim advocate, unless the 
            court finds such a meeting is not in the best interest of the 
            victim. 

            According to the author, "In child sex assault cases, all too 
            often a combination of factors - the loss of a breadwinner's 
            income and fear of financial instability, denial, 
            misconceptions of how a molested child will act - can lead to 
            a hostile environment for the victim.  These factors can make 
            clear to the victim, a child, that the family's finances and 
            relationships are in ruin because of her allegations.








                                                                  SB 1248
                                                                  Page  2


            "The victim, who initially wanted the abuse to stop, now wants 
            the legal process to stop.  In some cases, leading them to 
            recant their initial statements or refuse to participate in 
            the legal proceeding.  Without their testimony, they're told, 
            the case will go away and the family can return to how it was 
            before the allegations were made."

           2)Support  includes the California District Attorneys 
            Association. 

           3)There is no known opposition  . 



           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081