SB 978, as introduced, DeSaulnier. Rape victims: local rape victim counseling centers: notice.
Existing law requires a law enforcement officer assigned to a sexual assault case, or his or her agency, to immediately notify the local rape victim counseling center, whenever a victim of an alleged rape or an alleged violation of other specified sex crimes is transported to a hospital for any medical evidentiary or physical examination.
This bill would allow the hospital to notify the local rape victim counseling center when the victim is presented to the hospital for the medical or evidentiary physical examination, upon approval of the victim.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 264.2 of the Penal Code is amended to
2read:
(a) Whenever there is an alleged violation or violations
4of subdivision (e) of Section 243, or Section 261, 261.5, 262, 273.5,
5286, 288a, or 289, the law enforcement officer assigned to the case
6shall immediately provide the victim of the crime with the “Victims
P2 1of Domestic Violence” card, as specified in subparagraph (G) of
2paragraph (9) of subdivision (c) of Section 13701.
3(b) (1) The law enforcement officer, or his or her agency, shall
4immediately notify the local rape victim counseling center,
5whenever a victim of an alleged violation of Section 261, 261.5,
6262, 286, 288a, or 289 is transported to a hospital for any medical
7evidentiary or physical examination.begin insert
The hospital may notify the
8local rape victim counseling center, when the victim of the alleged
9violation of Section 261, 261.5, 262, 286, 288a, or 289 is presented
10to the hospital for the medical or evidentiary physical examination,
11upon approval of the victim.end insert The victimbegin delete shall haveend deletebegin insert hasend insert the right
12to have a sexual assault counselor, as defined in Section 1035.2
13of the Evidence Code, and a support person of the victim’s
14choosing present at any medical evidentiary or physical
15examination.
16(2) Prior to the commencement of any initial medical evidentiary
17or physical examination arising out of a sexual assault, a victim
18shall be notified orally or in writing by the medical provider that
19the victim has the right to have
present a sexual assault counselor
20and at least one other support person of the victim’s choosing.
21(3) The hospital may verify with the law enforcement officer,
22or his or her agency, whether the local rape victim counseling
23center has been notified, upon the approval of the victim.
24(4) A support person may be excluded from a medical
25evidentiary or physical examination if the law enforcement officer
26or medical provider determines that the presence of that individual
27would be detrimental to the purpose of the examination.
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