BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 978|
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THIRD READING
Bill No: SB 978
Author: DeSaulnier (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/22/14
AYES: Hancock, Anderson, De Le�n, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Knight
SUBJECT : Rape victims: local rape victim counseling centers:
notice
SOURCE : Alameda County District Attorney
DIGEST : This bill authorizes hospitals, with consent of a
victim, to contact the local rape victim counseling center when
a victim of an alleged sex crime comes to the hospital.
ANALYSIS : Existing law requires that a law enforcement
officer, or his/her agency, shall immediately notify the local
rape victim counseling center, whenever a victim of an alleged
(sex crime) violation is transported to a hospital for any
medical evidentiary or physical examination. The victim shall
have the right to have a sexual assault counselor, as specified,
and a support person of the victim's choosing present at any
medical evidentiary or physical examination.
This bill provides, upon approval of the victim, that a hospital
may notify the local rape victim counseling center, when a
victim of an alleged violation of a specified sex crime is
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SB 978
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presented to the hospital for a medical or evidentiary physical
examination.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/22/14)
Alameda County District Attorney (source)
American Federation of State, County , and Municipal Employees,
AFL-CIO
California District Attorneys Association
California Police Chiefs Association
Californians for Safety and Justice
OPPOSITION : (Verified 4/22/14)
Secular Coalition for California
ARGUMENTS IN SUPPORT : According to the author's office:
Victims of violent sexual crimes already suffer physical trauma,
fear, and an assault on their privacy and dignity. A medical
provider is often the first point of contact for a rape victim;
it would make it easier on the victims if when they go to a
hospital, the hospital has the ability to call a rape crisis
center for the victims without going through law enforcement.
In 2011, the Legislature passed and the Governor signed, SB 107
(Corbett, Chapter 360), which was the appropriation of the VAWA
funds for forensic medical examinations for victims/survivors of
sexual assault who do not wish to cooperate with law
enforcement.
Currently, law enforcement officers assigned to a sexual assault
case, are required to immediately notify the local rape victim
counseling center, whenever a victim of an alleged rape or an
alleged violation is transported to a hospital for a physical
exam. However, not all victims want to interact with law
enforcement. By choosing not to interact with law enforcement,
many victims, inadvertently, opt out from receiving counseling.
ARGUMENTS IN OPPOSITION : The Secular Coalition for California
states:
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In California, numerous hospitals and hospital systems are owned
and managed by Catholic healthcare ministries. Across the
nation about one in nine acute care hospital beds are now
Catholic sponsored or affiliated. In many localities there is
no choice other than a Catholic facility.
These regularly managed facilities are constrained by a document
called the Ethical and Religious Directives for Catholic Health
Care Services. With this document Catholic bishops are able to
restrict women's access to the full array of reproductive
healthcare services- contraceptives, abortion directives,
sterilization procedures and referrals are restricted.
If Catholic hospitals under the bishop's directives are given
the ability to bypass existing procedures and call in their own
rape crisis counselors, we foresee Catholic hospitals exploiting
this capability to further restrict women's access to timely
information and legally available services. We foresee Catholic
dioceses setting up their own Rape Crisis Centers across the
state so that all medically and legally available options are
not discussed with victims of sexual abuse.
JG:e 4/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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