BILL ANALYSIS �
SB 978
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SENATE THIRD READING
SB 978 (DeSaulnier)
As Introduced February 11, 2014
Majority vote
SENATE VOTE :36-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
| | |
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SUMMARY : Authorizes a hospital, upon approval of the victim, to
notify the local rape victim counseling center when a victim of
an alleged sex crime, as specified, is presented to the hospital
for a medical or evidentiary physical examination.
EXISTING LAW :
1)Requires the assigned law enforcement officer, or his or her
agency, to immediately notify the local rape victim counseling
center whenever a victim of any of the following alleged
offenses is transported to a hospital for any medical
evidentiary or physical examination:
a) Non-spousal rape, as described;
b) Statutory rape, as described;
c) Spousal rape, as described;
d) Sodomy;
e) Oral copulation; or,
f) Forcible acts of sexual penetration, as described.
2)Provides that the victim has the right to have a sexual
assault counselor, as defined, and a support person of the
victim's choosing present at any medical evidentiary or
physical examination.
SB 978
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3)Requires a sexual assault victim to be informed that he or she
may refuse to consent to an examination for evidence of sexual
assault, including the collection of physical evidence, but
that a refusal is not a ground for denial of treatment of
injuries and for possible pregnancy and sexually transmitted
diseases, if the person wishes to obtain treatment and
consents thereto.
4)Requires a female sexual assault victim, if indicated by the
history of contact, to be provided with the option of
post-coital contraception by a physician or other health care
provider and requires post-coital contraception to be
dispensed by a physician or other health care provider upon
the request of the victim.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "SB 978 allows the hospital
to notify the local rape victim counseling center when a victim
arrives at the hospital for a medical or evidentiary physical
examination, upon approval of the victim. By clarifying that
the hospital may initiate counseling services for the victims if
they choose, this bill will reaffirm California's commitment to
protecting victim's rights.
"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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0003925
SB 978
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